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2020 1215
Agenda Item No:2.1 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Ordinance Agenda Section: Subject: Discuss and consider approving an ordinance canvassing the returns and declaring the results of a run-off election held on Tuesday, December 8, 2020, for the purpose of electing one council member for Places 3, 4 and 5. (Mayor) Suggested Action: Attachments: Ord. 2020-xxxx Canvass Run-off Election December 8 2020.doc 4 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2020 - _______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A RUN-OFF ELECTION HELD ON THE 8 th DAY OF DECEMBER 2020, FOR THE PURPOSE OF ELECTING ONE COUNCIL MEMBER FOR PLACE 3, 4 AND 5; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE WHEREAS, the City Council of the City of The Colony, Texas, caused to be published in accordance with the laws of the State of Texas notice of the election held December 8, 2020, to elect three (3) council members for City Council Place 3, 4, and 5 for City of The Colony; and WHEREAS, said election was duly and legally held on December 8, 2020, in conformity with the election laws of the State of Texas, and the results of said election have been certified and returned by the election judges and clerks thereof; and WHEREAS, the election returns duly and legally made showed that there were cast at said election 1301 valid and legal votes, and that each of the candidates in said election received the following votes: FOR COUNCILMEMBER PLACE 3 Brian R. Wade 308 Megan Stoner 61 FOR COUNCILMEMBER PLACE 4 Lauren Gunn 90 David Terre 478 FOR COUNCILMEMBER PLACE 5 A.B Martin 65 Perry Schrag 299 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: 5 Section 1.That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Section 2.That it is further found and determined that the results of the election as canvassed and tabulated in the preamble reflect the expressed desires of the resident, qualified electors. Section 3.That the duly elected member of the City Council of the City of The Colony, Texas, elected Tuesday, December 8, 2020, for City Council Place 3, 4 and 5 and subject to the taking of the oaths as provided by the laws of the State of Texas, are as follows: Brian R. Wade, Place 3 David Terre, Place 4 Perry Schrag, Place 5 Section 4.This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 15TH DAY OF DECEMBER, 2020. Joe McCourry, Mayor City of The Colony, Texas ATTEST: _________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: _______________________________________ Jeff Moore, City Attorney 6 Agenda Item No:2.2 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Oath of Office for elected City Council members of Place 3, 4 and 5. (Stewart) Suggested Action: Attachments: 7 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Tina Stewart Submitting Department: General Admin Item Type: Presentation Agenda Section: Subject: Receive a presentation from Matthews Southwest on the LPGA tournament. (Powell) Suggested Action: Attachments: 8 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. (Council) Suggested Action: Attachments: 9 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes for December 1, 2020. (Stewart) Suggested Action: Attachments: December 1, 2020 DRAFT Minutes.docx 10 1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action will be taken and no direction will be given regarding these items. MINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON DECEMBER 1, 2020 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:30 p.m. on the 1 st day of December 2020, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry, Mayor Kirk Mikulec, Councilmember Richard Boyer, Deputy Mayor Pro Tem Brian Wade, Councilmember David Terre, Mayor Pro Tem Perry Schrag, Councilmember Joel Marks, Councilmember Present Present Present Present Present Present Present And with 7 council members present a quorum was established and the following items were addressed in this meeting remotely via videoconference. 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor McCourry called the meeting to order at 6:30 p.m. 1.2 Invocation Councilmember Boyer delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Items of Community Interest Mayor acknowledged early voting was in progress for the Runoff Election. He encouraged residents to get out and cast their votes in Place 3, 4 and 5 districts. Election Day is Tuesday, December 8, 2020 voting from 7 a.m. to 7:00 p.m. Councilmember Boyer announced the Reverse Parade will be held at Stewart Creek Park on Saturday, December 5, 2020, along with The Colony Christmas Spectacular Light Show and the annual Parade of Lights. The Christmas Spectacular Light Show will run from 5:30 p.m. to 10:30 p.m., Sunday-Thursday; and 5:30 p.m. to 10:50 p.m. Fridays and Saturdays, starting December5, at Central Fire Station. 11 City Council – Regular Meeting Agenda December 1, 2020 Page| 2 2.0 CITIZEN INPUT None 3.0 WORK SESSION 3.1 Receive a presentation and update from United Way Denton County regarding assistance provided to residents and non-profit organizations in The Colony. Gary Henderson with United Way presented an update on this to Council. Council provided discussion on this item. 3.2 Discussion regarding the extended terms of office for all City Boards and Commission members whose term expires in 2020. Council provided discussion on this item and made a recommendation to move forward with the candidate previously interviewed in 2019. Staff will add this item to the next agenda for approval and set appointment interviews to fill vacancies on various boards. 3.3 Council to provide direction to staff regarding future agenda items. None 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda- Wade; second by Marks, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes for November 17, 2020. 4.2 Consider approving a resolution authorizing the City Manager to accept SolidLines bid in the amount of $63,928 for the striping and traffic painting of North Colony Blvd. RESOLUTION NO. 2020-078 4.3 Consider approving a resolution authorizing the City Manager to deny CoServ Gas Ltd's requested rate change. RESOLUTION NO. 2020-079 4.4 Consider approving a resolution authorizing the City Manager to execute an Engineering Services Contract Amendment #1 with Olsson, Inc. for surveying and plat preparation services for three lots in the Grandscape Development. 12 City Council – Regular Meeting Agenda December 1, 2020 Page| 3 RESOLUTION NO. 2020-080 4.5 Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $2,069,596.05 with SYB Construction Co., Inc. for the Phase 9 Residential Streets Reconstruction Project. RESOLUTION NO. 2020-081 5.0 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing, discuss and consider an Ordinance approving Amendments to Land Use Assumptions, Capital Improvements Plan and Water and Wastewater Impact Fees. Director of Engineering, Ron Hartline, introduced Cullen Carlson with Freese and Nichols, Inc. to Council. Mr. Carlson provided an overview on this item. The public hearing was opened at 7:40 p.m. Ed Voss with Brown & Hofmeister, L.L.P. Attorney at Law, spoke in regards to a procedural statute requirement which identifies a 30-day delay in the approval or denial of this item after the public hearing is closed. There being no speakers the public hearing was closed at 7:43 p.m. Council provided discussion on this item. Motion to approve-Marks; second by Wade, motion carried with all ayes. ORDINANCE NO. 2020-2411 5.2 Conduct a public hearing, discuss and consider ordinances regarding amendments to Appendix A, Section 10B by amending Section 10B-100(b), entitled "General Provisions and Standards All Accessory Uses"; Section 10B-900, entitled "Standards For Storage Buildings/Greenhouses 120 Square Feet In Area Or Less and/or Less Than Eight Feet In Height"; Section 10B-1000(D), entitled "Setback From Property Lines" and; Section 10B-1100, entitled "Location Standards For Swimming Pools And Hot Tubs". Senior Planner, Isaac Williams, presented an overview on the proposed ordinance to Council. Council provided discussion on this item. There being no speakers the public hearing was opened and closed at 7:56 p.m. 13 City Council – Regular Meeting Agenda December 1, 2020 Page| 4 Motion to approve-Marks; second by Boyer, motion carried with all ayes with the exception of Councilmember Schrag and Mayor McCourry voting no. ORDINANCE NO. 2020-2412 5.3 Conduct a public hearing, discuss and consider an ordinance amending Appendix A, Section 10D by amending Section 10D-2900, entitled "Temporary Accessory Building Regulations" and Section 10D-3100, entitled "Tents and Canopies." Senior Planner, Isaac Williams, presented an overview on the proposed ordinance to Council. There being no speakers the public hearing was opened and closed at 8:01 p.m. Motion to approve-Mikulec; second by Wade, motion carried with all ayes. ORDINANCE NO. 2020-2413 5.4 Conduct a public hearing, discuss and consider an ordinance amending Appendix A, Section 11 by amending Section 11-600, entitled "Rear Yard", repealing Section 11-701, entitled "Court standards" and repealing Section 11-704, entitled "Height restrictions"; and amending Appendix A, Illustrations by amending Illustration 3 entitled "Yards." Senior Planner, Isaac Williams, presented an overview on the proposed ordinance to Council. There being no speakers the public hearing was opened and closed at 8:04 p.m. Motion to approve-Marks; second by Wade, motion carried with all ayes. ORDINANCE NO. 2020-2414 5.5 Conduct a public hearing, discuss and consider an ordinance amending Appendix A, Section 13 entitled "Vehicle parking, parking lot and on-site traffic regulations" by amending Section 13-101 entitled "Generally" and amending Appendix A, Section 17A entitled "Landscaping" by amending Section 17A-300E entitled "Irrigation." Senior Planner, Isaac Williams, presented an overview on the proposed ordinance to Council. There being no speakers the public hearing was opened and closed at 8:08 p.m. Motion to approve-Mikulec; second by Marks, motion carried with all ayes. 14 City Council – Regular Meeting Agenda December 1, 2020 Page| 5 ORDINANCE NO. 2020-2415 5.6 Conduct a public hearing, discuss and consider an ordinance amending Appendix A, Section 18 entitled "Fence and wall regulations," repealing Section 22, entitled "Certificate of occupancy and compliance," repealing Section 23, entitled "Completion of building under construction" and amending Section 25, entitled "Definitions." Senior Planner, Isaac Williams, presented an overview on the proposed ordinance to Council. There being no speakers the public hearing was opened and closed at 8:12 p.m. Motion to approve-Marks; second by Mikulec, motion carried with all ayes. ORDINANCE NO. 2020-2416 5.7 Discuss and consider approving the City Council meeting schedule for 2021. Council provided discussion on this item. Motion to approve-Schrag; second by Mikulec, motion carried with all ayes. 5.8 Discuss and elect Mayor Pro Tem and Deputy Mayor Pro Tem according to the Code of Ordinances, Chapter 2, Section 2-4 (b). Due to the Runoff Election set for December 8, 2020, Mayor delayed this item until the next meeting. 5.9 Discuss and consider making appointments to Council committees and appoint liaisons to the various Council appointed boards. Mayor proposed that all appointments remain in the present conditions for 2020- 2021. Motion to approve-Mikulec; second by Wade, motion carried with all ayes. 5.10 Discuss and consider making appointments to the Tax Increment Reinvestment Zone Number One Board of Directors for terms expiring December 2020. Due to the Runoff Election set for December 8, 2020, Mayor delayed this item until the next meeting. 5.11 Discuss and consider appointing a member of the Tax Increment Reinvestment Zone Number One Board of Directors to serve as Chairman for a one year term. Due to the Runoff Election set for December 8, 2020, Mayor delayed this item until the next meeting. 15 City Council – Regular Meeting Agenda December 1, 2020 Page| 6 5.12 Discuss and consider making appointments to the Tax Increment Reinvestment Zone Number Two Board of Directors for terms expiring December 2020. Due to the Runoff Election set for December 8, 2020, Mayor delayed this item until the next meeting. 5.13 Discuss and consider appointing a member of the Tax Increment Reinvestment Zone Number Two Board of Directors as Chairman for a one year term. Due to the Runoff Election set for December 8, 2020, Mayor delayed this item until the next meeting. 5.14 Discuss and consider making appointments to the Local Development Corporation Board of Directors for terms expiring December 2020. Due to the Runoff Election set for December 8, 2020, Mayor delayed this item until the next meeting. 5.15 Discuss and consider appointing a member of the Local Development Corporation Board of Directors to serve as Chairman for a one year term. Due to the Runoff Election set for December 8, 2020, Mayor delayed this item until the next meeting. 5.16 Discuss and consider rescheduling or canceling the December 15, 2020 City Council meeting (Observance of Christmas) and provide direction to staff. Council provided discussion on this item and will move forward with the December 15, 2020 meeting. Executive Session was convened at 8:23 p.m. 6.0 EXECUTIVE SESSION A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding pending or contemplated litigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16, and related agreement with Lonzar Delaware, Inc., a Delaware corporation. B. Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas Government Code regarding commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Regular Session was reconvened at 8:39 p.m. 7.0 EXECUTIVE SESSION ACTION A. Any action as a result of executive session regarding pending or contemplated litigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 16 City Council – Regular Meeting Agenda December 1, 2020 Page| 7 45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16. No Action B. Any action as a result of executive session regarding commercial or financial information the city has received from a business prospect(s). No Action ADJOURNMENT With there being no further business to discuss the meeting adjourned at 8:40 p.m. APPROVED: ________________________________ Joe McCourry, Mayor City of The Colony ATTEST: _______________________________ Tina Stewart, TRMC, CMC City Secretary 17 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Expenditures Agenda Section: Subject: Consider approving Council expenditures for the month of October 2020. (Council) Suggested Action: Attachments: Council October Expenditures.pdf 18 19 20 21 22 23 24 25 26 27 28 29 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Consider approving the appointment of James Ries to Place 2 on the Technologies Board. (Council) Suggested Action: Attachments: 30 Agenda Item No:5.4 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Chris Chandler Submitting Department: Police Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute the rejection of all "Request for Proposals" (RFP) submitted for the Jail Control System Bid #75-21-03. (Chandler) Suggested Action: None of the RFPs submitted met the criteria or budgetary limits authorized by Council. Attachments: Res. 2020-xxx Reject Bids - Jail Control System Project.docx 31 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2020 -______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, REJECTING ANY AND ALL BIDS CONCERNING THE JAIL CONTROL SYSTEM AND AUTHORIZING THE REBIDDING OF SAID PROJECT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of The Colony, Texas, solicited bids for the jail control systemproject (the “Project”); and WHEREAS,the City received bids for the jail control system project but those submitted did not meet the criteria or budgetary limits authorized by Council; and WHEREAS, pursuant to the authority contained in Section 252.043(f) of the Texas Local Government Code, the City Council of the City of The Colony, Texas, is authorized to reject any and all bids. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: SECTION 1.The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2.The City Council of the City of The Colony, Texas, pursuant to the authority contained in Section 252.043(f) of the Texas Local Government Code, find and determine it is in the best interest of the City to reject any and all bids for the Project, including the bid submitted by North Rock Construction. SECTION 3.The City Council of the City of The Colony, Texas, hereby authorizes City Manager and City staff to take all actions necessary to rebid the Project in accordance with state law. SECTION 4.If any section, article paragraph, sentence, clause, phrase or word in this Resolution, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Resolution; and the City Council hereby declares it would have passed such remaining portions of this Resolution despite such invalidity, which remaining portions shall remain in full force and effect. 32 Page 2 SECTION 5.All provisions of the resolutions of the City in conflict with the provisions of this Resolution shall be, and are hereby, amended and repealed, and all other provisions of the resolutions of the City not in conflict with the provisions of this Resolution shall remain in full force and effect. SECTION 6. This Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 15th day of December, 2020. Joe McCourry, Mayor ATTEST: Tina Stewart,TRMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 33 Agenda Item No:5.5 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Chris Chandler Submitting Department: Police Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to issue a purchase order in the amount of $70,090.99 to Watson Consoles - RMG Solutions for the build and installation of four (4) Mercury Pro Consoles in the newly renovated Dispatch Center. (Chandler) Suggested Action: Money was allocated by Council as a capital improvement project during the 2018-2019 budgetary process. Attachments: Dispatch Console Quote.pdf Res. 2020-xxx Watson Consoles -RMG Solutions.doc 34 35 36 37 38 39 40 41 42 43 44 45 46 47 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2020 - _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO WATSON CONSOLES – RMG SOLUTIONS FOR THE BUILD AND INSTALLATION OF FOUR (4) MERCURY PRO CONSOLES IN THE NEWLY RENOVATED DISPATCH CENTER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City budgeted for this equipment through the Capital Improvement Project during the Fiscal Year 2019-2020 Budget; and WHEREAS, the City has determined that it is in the best interest of the City to purchase the equipment and to pay the sum of $70,090.99. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The Quote from Watson Consoles – RMG Solutions has been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved. Section 2. The City Manager is hereby authorized to execute the purchase of security cameras on behalf of the City of The Colony, Texas. Section 3.This Resolution shall take effect immediately from and after its adoption and it is so resolved. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 15TH DAY OF DECEMBER 2020. _____________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ______ Tina Stewart, TRMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 48 Agenda Item No:5.6 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a Communications Facility License Agreement and Memorandum of License with Cellco Partnership d/b/a Verizon Wireless. (Hartline) Suggested Action: Summary of Request: Consider approval of a resolution authorizing the City Manager to execute a Communication Facility License Agreement and Memorandum of License with Cellco Partnership d/b/a Verizon Wireless . The agreement provides for a ground license to install a communications facility on the City’s property at west end of Russell Drive for a rental fee of $1,500 per month. Antennas and/or dish equipment will be located on an existing ONCOR tower under a separate agreement between Cellco and ONCOR. The following are some of the major terms outlined in the agreement. • Cellco will construct the communications facility per the approved engineering plans. • The term of the agreement is five years and may be automatically renewed for three additional five year terms. • Rental fee is $1,500 per month and it increases 15% at the commencement of each renewal term • Insurance must be maintained by Cellco for its employees and subcontractors that may be on city property Suggested Motion: I move to approve a resolution authorizing the City Manager to sign the Communication Facility License Agreement and Memorandum of License with Cellco Partnership d/b/a Verizon Wireless. . Attachments: License Agreement Memorandum of License Site Plan.pdf Location Map Cellco Wireless Facility.pdf Res. 2020-xxxx Verizon Wireless Communications Facility.doc 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 North Colony Ragan FoxMainS q u i r e s Slay TaylorReed Rice Turner ElmTr eg o Truitt PaigeCrawford PruittPerrin LongoAdamsWilcox Gibson Treese PearceKnightAshlock Wagner NorthpointeSherman Phelps Carroll JoyTe rr y Roberts Russell Powers Walk e r Wheeler Baker Sagers MillerGates Rutledge Ramsey KingAl l enWoodruff Poole ScottHIDALGO V a d e n Witt Madison Watkins T y l e rWardSTARLING UnderwoodPettitT w i t t y Blair OaksT u c k e r Watson V a n c e John Yates G a r v i n Dee ColeRearn WamplerForest Kisor Overlake Pilgrim M a g e s U s h e r BlalockColumbus FosterA L C O V E H am il t on G r a h a m KENNEDY Vanguard Morning StarKETTLE CRE EKAGNES CREEKCREST POINTE YARRAVanderbilt Chesapeake COURTLANDCornellS ona PISTOL CREEKGarrettMc a f e e BradfordDunnLovingHarris Plaza MainBaker PaigeµCommunication Facility for Cellco d/b/a Verizon WirelessLocation Map Communication Facility forCellco Partnership d/b/a Verizon Wireless 101 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2020 - ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMUNICATION FACILITY LICENSE AGREEMENT AND MEMORANDUM OF LICENSE BY AND BETWEEN THE CITY OF THE COLONY AND CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS;AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Council of the City of The Colony, hereby authorizes a Communication Facility License Agreement and Memorandum of License by and between the City of The Colony and Cellco Partnership d/b/a Verizon Wireless for a ground license to install a communications facility on the City’s property situated at the west end of Russell Drive; and Section 2. That this Communication Facility License Agreement, attached hereto as Exhibit “A” and Exhibit “Memorandum of License”, is found to be acceptable and in the best interest of the City and its citizens, and the City Manager is hereby authorized to execute the Agreement on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein. Section 3.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 15 th day of December, 2020. __________________________ Joe McCourry, Mayor ATTEST:City of The Colony, Texas ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ______________________________________ Jeff Moore, City Attorney 102 Agenda Item No:5.7 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Tina Stewart Submitting Department: Public Works/Water Distribution Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a Construction Contract in the amount of $174,616.00 with Crossland Heavy Contractors, Inc. for the Wynnwood Pump Station Piping Modification. (Arthur) Suggested Action: Attachments: Bid Evaluation Letter Wynnwood Pump Station signed.pdf Bid Tab Summary.pdf Bid Tab.xlsx 1295 Form.pdf Certificate of Liability Insurance Crossland Heavy Contractors, Inc..pdf Bid Bond & Texas Import Notice.pdf Wynnwood Pump Station Contract.rtf Res. 2020-xxx Crossland Heavy Construction Contract.doc 103 104 105 106 Item # Quantity Unit Description and Price in Words Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price 1 1 LS Mobilization, demobilization, bonds, insurance, overhead and profit, work fully performed, complete in place $ 8,200.00 $ 8,200.00 $ 28,000.00 $ 28,000.00 $ 17,600.00 $ 17,600.00 $ 29,900.00 $ 29,900.00 $ 14,600.00 2 LS Completion of piping modifications, complete the piping modifications, including all demolition and removal, procurement and installation of pipe, fittings, supports, and appurtenances, as shown on the Drawings, work fully performed, complete in place 156,615.00 156,615.00 $ 190,000.00 $ 190,000.00 $ 169,400.00 $ 169,400.00 $ 232,000.00 $ 232,000.00 $ 271,800.00 3 LS Modification of pump bases, including removal of existing, form, reinforce, place and finish pump bases as shown on the Drawings, work fully performed, complete in place 8,599.00 8,599.00 $ 28,500.00 $ 28,500.00 $ 68,700.00 $ 68,700.00 $ 16,000.00 $ 16,000.00 $ 7,000.00 4 SF Concrete repair, including structural repair of the existing concrete slab in areas damages by removal of existing pipe supports, pump bases to a maximum depth of 2-inches or to the top layer of reinforcing steel complete in placet. 80.00 80.00 $ 200.00 $ 4,000.00 $ 460.00 $ 4,600.00 $ 35.00 $ 700.00 $ 10.00 5 1 LS Trench/Excavation Safety and Support Systems for trench and excavation work in accordance with OSHA standards, complete in place 1.00 1.00 $ 500.00 $ 500.00 $ 150.00 $ 150.00 $ 500.00 $ 500.00 $ 1.00 $ 173,495.00 $ 251,000.00 $ 260,450.00 $ 279,100.00 Crossland Heavy Drake Construction Red River Construction Gracon ConstructionFelix Construction PROPOSAL/UNIT PRICE BID SCHEDULE Wynnwood Pump Station Piping Modifications City of The Colony BID #66-21-01 TOTAL BID ITEMS 1 Thru 5 107 Total Price $ 14,600.00 $ 271,800.00 $ 7,000.00 $ 10.00 $ 1.00 $ 293,411.00 Gracon Construction 108 109 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY WC859600700 X Shannon HildingCA#0H64724 A 913-982-3650 60816649 60816649 25,000,000 X 4,000,000 Excess Liability Second Layer X 10,000 15,000,000 C 15,000,000 US00067013LI20A Y Columbus, KS 66725 B 6800 Main Street 1-913-982-3650 04/30/20 X 25,000,000 15,000 2,000,000 X 04/30/21 EXC30000318403 City of the Colony ENDURANCE AMER INS CO The Colony, TX 75056 ZURICH AMERICAN INSURANCE COMPANY X XL SPECIALTY INS CO ZURICH AMER INS CO 2,000,000 USA GLO859600800 BAP859615300 4,000,000 X 501 S. East Avenue PO Box 350 2,000,000 2,000,000 Re: Wynnwood Pump Station Piping Modifications Project. Overland Park, KS 66210 04/30/20 X 10641 16535 37885 Rkloiber 16535 04/30/21 04/30/20 IMA, Inc. (NE Kansas Division) 04/30/21 9393 W. 110th Street, Suite 600 51 Corporate Woods 04/30/21 12/02/2020 X 2,000,000 04/30/21 D 04/30/20 X 2,000,000 2,000,000 Crossland Heavy Contractors, Inc. X A Aggregate Each Occurrence 04/30/20 Shannon.Hilding@imacorp.com 110 SUPP (10/00) SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE NAME OF INSURED: of Insurance is on file with carrier, subject to policy terms and conditions. Holder for reasons other than non-payment of premium if required by written contract or agreement when a Certificate The WC, GL, BAU Insurers will provide 30 Days written Notice of Cancellation or Non-Renewal to the Certificate 12/02/2020 Crossland Heavy Contractors, Inc. 111 112 113 114 115 PROJECT MANUAL PROPOSAL, CONTRACT, BOND FORMS, AND SPECIFICATIONS FOR WYNNWOOD PUMP STATION PIPING MODIFICATIONS BID # 66-21-01 CITY OF THE COLONY DENTON COUNTY, TEXAS OCTOBER 2020 KIRK MIKULEC RICHARD BOYER BRIAN WADE DAVID TERRE PERRY SCHRAG JOEL MARKS TROY C. POWELL CITY MANAGER TINA STEWART CITY SECRETARY RON HARTLINE, P.E.DIRECTOR OF ENGINEERING TIM MILLER ASSISTANT CITY MANAGER TOD MAURINA ASSISTANT CITY MANAGER 116 TABLE OF CONTENTS Page Section 1 -Bidding Documents 1-1 Invitation For Bids 1-2 Instructions To Bidders 1-3 Bid Form 1-13 Proposal/Bid Schedule/Summary 1-16 Non-Collusion Statement 1-18 State Reciprocal Requirement 1-19 Conflict of Interest Questionnaire 1-20 Certificate of Interested Parties 1-20 Bid Affidavit 1-21 Section 2 -Contract Documents 1-23 Standard Form of Agreement (Contract)1-24 Prevailing Wage Rates 1-30 Certificate Of Insurance 1-32 General Instructions For Bonds 1-33 Performance Bond 1-34 Payment Bond 1-36 Maintenance Bond 1-38 Section 3 -City of The Colony’s Supplementary Conditions 1-40 to the NCTCOG General Provisions Section 4 -Special Provisions to Standard Specifications for 1-52 Construction and General Notes Section 5 -Specific Technical Project Work Specifications for Construction 1-67 Appendix A - Standard Capital Improvement Project Sign Detail Appendix B - Addendum to NCTCOG Standard Specifications for Public Works Construction. Appendix C - Geotechnical Engineering Study Appendix D - Addenda For this project, the Standard Specifications for Public Works Construction - North Central Texas, (Fourth Edition) as prepared by the North Central Texas Council of Governments and the City of The Colony Standard Construction Details shall govern all work to be done, together with any additional Special Specifications or Specific Project Requirements included herein. 117 SECTION 1 BIDDING DOCUMENTS 118 INVITATION FOR BIDS BID NUMBER 66-21-01 DATE: October 5, 2020 Formal bids will be received through the Bidsync web site located at http://www.bidsync.com until 2:00 p.m., local time, Wednesday, November 11, 2020 for the products/services listed below. There is no fee for registering or bidding on this project through Bidsync. If hand-delivered, bids are to be turned in to the receptionist in the foyer at the City Hall at 6800 Main Street, The Colony, Texas 75056-1133. WYNNWOOD PUMP STATION PIPING MODIFICATIONS BID #66-21-01 PRE-BID AT 10:00 A.M., WEDESDAY, OCTOBER 21, 2020 AT 6800 MAIN STREET, THE COLONY, TEXAS. ALTHOUGH NOT MANDATORY, BIDDERS ARE STRONGLY URGED TO ATTEND THIS CONFERENCE. ANY MISUNDERSTANDINGS DUE TO NON-ATTENDANCE WILL NOT BE REASON FOR LETTING A BIDDER OUT OF THE BID. Results will be read at 3:00 p.m., Wednesday, November 11, 2020. The scope of work consists of removal and replacement of existing steel pump suction and discharge piping inside the pump station with ductile iron piping. The work includes, but is not limited to, removal and replacement of approximately 50 linear feet of 20-inch diameter pipe, approximately 30 linear feet of 6-inch diameter pipe, approximately 25 feet of 8-inch pipe, approximately 30 linear feet of 12-inch pipe, removal and re-installation of four existing 6-inch control valves, removal and re- installation of five 12-inch butterfly valves, removal and replacement of four air release valves, removal and salvage of three 20- inch diameter butterfly valves and motorized actuators, removal and salvage of one 16-inch diameter butterfly valve, removal and re-installation of four existing pumps, modification of four existing concrete pump bases, removal of existing pipe supports, installation of new pipe supports, piping, fittings, and appurtenances as shown on the drawings. and any other work deemed necessary by the City of The Colony. All of the above shall be done in accordance with TxDOT and NCTCOG specifications with the City of the Colony’s Addenda and as per instructions of the City of The Colony City Engineer. All construction sequencing and barricading will be done according to the City of The Colony Standards. The opinion of probable construction cost for the overall project is $300,000.00. The successful bidder will be required to furnish Payment and Performance Bonds for 100% of amount bid and a two (2) year Maintenance Bonds for 10% of amount bid from a Surety licensed to do business in the State of Texas, within fifteen (15) days of the bid award. If bidding online, the bidder must submit, prior to the bid opening time, a Cashier’s Check, Certified Check or Bid Bond in the amount of five (5%) percent of the amount bid. Bonds or check may be faxed to the Purchasing Agent at (972) 624-2286 or scanned and sent to Bidsync at the site listed above. Originals will be required within 3 days of the bid opening. Specifications, bid proposal forms and instructions to bidders may be downloaded from the Bidsync web site at the address listed above. Any addenda will be posted on the Bidsync web site and bidders may download them. Registered bidders will be sent notifications of the addenda the same day they are posted. Therefore, it is very important that bidders register with Bidsync whether or not they are planning to place their bids online or hand-deliver them.There is no fee for registering for this project through Bidsync. All prices quoted shall be F.O.B. destination, The Colony, Texas. Any bids received after the time listed above, regardless of the mode of delivery, shall be deemed non-responsive. All bidders are invited to the bid opening, but are not required to attend. Any questions regarding the bid process, procedures, plans, or specifications shall be submitted through Bidsync.at the address listed above. All responses will be posted to Bidsync. The City of The Colony reserves the right to reject any or all bids, in whole or in part, to waive any informality in any bid, and to accept the bid which, in its discretion, is in the best interest of the City of The Colony. Sincerely, Alice Pitts Purchasing Agent, City of The Colony PUBLICATION DATES: October 9 and October 16, 2020 – DALLAS MORNING NEWS 119 Bidding Documents 1-5 BIDDING AND CONTRACT DOCUMENTS INSTRUCTIONS TO BIDDERS 1.Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard Specifications for Public Works Construction - North Central Texas, Fourth Edition, as prepared by the NCTCOG and the Supplementary Conditions of Agreement have the meanings assigned to them in these General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom the Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are: Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of The Colony, Texas. Engineer: Wherever the word "ENGINEER" is used in the specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized representative, City of The Colony, 6800 Main Street, The Colony, Texas 75056. Inspector: The authorized representative of the City of The Colony assigned to observe and inspect any or all parts of the work and the materials to be used therein. 2.Scope of Work. The scope of work consists of removal and replacement of existing steel pump suction and discharge piping inside the pump station with ductile iron piping. The work includes, but is not limited to, removal and replacement of approximately 50 linear feet of 20-inch diameter pipe, approximately 30 linear feet of 6-inch diameter pipe, approximately 25 feet of 8-inch pipe, approximately 30 linear feet of 12-inch pipe, removal and re-installation of four existing 6-inch control valves, removal and re-installation of five 12-inch butterfly valves, removal and replacement of four air release valves, removal and salvage of three 20-inch diameter butterfly valves and motorized actuators, removal and salvage of one 16-inch diameter butterfly valve, removal and re-installation of four existing pumps, modification of four existing concrete pump bases, removal of existing pipe supports, installation of new pipe supports, piping, fittings, and appurtenances as shown on the drawings and any other work deemed necessary by the City of The Colony. All of the above shall be done in accordance with NCTCOG specifications with the City of the Colony’s Addenda and as per instructions of the City of The Colony City Engineer. All construction sequencing and barricading will be done according to the City of The Colony Standards. The opinion of probable construction cost for the overall project is $300,000.00. 120 Bidding Documents 1-6 3.Copies of Bidding Documents. 3.1 Complete sets of the Bidding Documents may be downloaded from the BIDSYNC web site. The following general requirements pertain to the Bidding Documents: A. No bidding documents will be issued later than two (2) days prior to the bid opening date. B. After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. C. Bidding documents may be examined free of charge at the offices of the City Engineer, City of The Colony, 6800 Main Street, The Colony, Texas, 75056. 3.2 Complete sets of Bidding Documents must be used in preparing Bids; the City of The Colony assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issued. 3.3 The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. 4.Qualifications of Bidders. The Bidder shall submit within five (5) days of the Owner's request such evidence as the Owner may require to establish his financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A.Current Project Experience. A list of all projects presently under construction by the bidder including approximate cost and completion date shall be submitted upon request. B.Past Project Experience. The Bidder shall submit a list of comparable projects completed within the previous five years including approximate cost(s), quantities, and completion date(s). C.Equipment. The Bidder shall provide a list of equipment which will be used on this project. The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if any, that he must rent/lease as may be required to complete this project. 121 Bidding Documents 1-7 D.Financial. Each Bidder shall be prepared to submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement (current within the last six (6) months of bid date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. E.Technical Experience. The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. F.Proof that the bidder maintains a permanent place of business. 5.Conflict of Interest. City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. 6. Certificate of Interested Parties Certificate of Interested Parties (Form 1295) must be provided per the Texas Legislature adoption of House Bill 1295 which added section 2252.908 of the Government Code. The law states that a government entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the government entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either 1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or 2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The completed form must be submitted by the selected contractor prior to the City Council meeting to award the project. 7.Examination of Contract Documents and Sites. 7.1 Access to the sites shall be from the street and right-of-way at the respective intersections. It shall be the contractor’s total responsibility to provide necessary and adequate barricades in accordance with the City of The Colony requirements. Prospective Bidders shall respect all improvements. It is the responsibility of each Bidder before submitting a Bid, to: (a) examine 122 Bidding Documents 1-8 the Contract Documents thoroughly, (b) visit the sites to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to the OWNER. 7.2 The location and depth of existing utilities shown on the plans are approximate and may not include all utilities within the site. All existing structures, improvements, and utilities shall be located and adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipelines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. It shall be the Contractor's total responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. 7.3 Before submitting a Bid, each Bidder shall, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 7.4 On request in advance, Owner will provide each Bidder access to the sites to conduct explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the sites to its former conditions upon completion of such explorations. 7.5 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract documents. 7.6 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 7, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 123 Bidding Documents 1-9 8.Interpretations and Addenda. 8.1 Any questions regarding interpretations or clarifications or any other aspect of the bid shall be posted on the BIDSYNC website located at http://www.bidsync.com so that the answers to said questions will be immediately available to all bidders. Any addenda will also be posted on the web site and Bidsync will alert all registered bidders whenever an addendum is present. Only questions answered on the web site or addressed by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Questions received less than two days prior to the date for opening of Bids may not be answered. Each Bidder shall acknowledge on the bid proposal that all Addenda issued have been received. 8.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. 9.Contract Time. 9.1 The time for completion in calendar days should be included on the Bid Summary in the space provided. All work shall be complete within the calendar day count required by the Bid Summary. The calendar day count shall commence ten (10) calendar days after the date of the Notice to Proceed. 9.2 Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule bar chart to the Owner for approval. 9.3 Extension of the contract time shall be based on a Change Order or written amendment as specified in Item 108.8 of the General Provisions. 9.4 BIDDER agrees that all work awarded will be completed within 120 Calendar days, which includes 5 inclement weather days, for this project. The Contractor will submit written documentation to the Construction Inspector assigned by the City to document inclement weather days. Additional inclement weather calendar days will be added to the contract only if the 5 inclement weather days included in the bid have been approved. Contract time will commence to run as provided in the Contract Documents. 10.Substitute or "Or-Equal" Items. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or- equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. 124 Bidding Documents 1-10 11.Subcontractors, Suppliers, and Others. 11.1 If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. An experience statement shall accompany such list with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, supplier, person or organization if requested by the Owner. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest responsible Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. 11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against which Contractor has reasonable objection. 12.Bid Proposal. Formal electronic bid responses will be required on the Bidsync web site at http://www.bidsync.com. If responding by paper bid, the blank spaces in the Bid Form shall be filled in for each item for which a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions from the plans and/or specifications will be accepted unless authorized in writing by the Owner. 13.Provision Concerning Escalator Clauses. Bids containing any condition, which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the Bidder without being considered. 14.Estimates of Quantities. The quantities listed in the Bid Form will be considered as approximate and will be used for the comparison of bids. Payments will be made to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for in the Contract Documents. 125 Bidding Documents 1-11 15.Submission of Bids. Bids should be submitted electronically through Bidsync at www.bidsync.com. Paper bids will also be received by the Purchasing Agent, and shall be submitted to the receptionist in the foyer of City Hall located at 6800 Main Street, The Colony, Texas 75056 1133 until 2:00 p.m., local time on Wednesday, November 11, 2020, and then publicly opened and read aloud. If hand delivered, two identical copies of the bid enclosed in an opaque sealed envelope and marked with the project title: WYNNWOOD PUMP STATION PIPING MODIFICATIONS, City of The Colony BID #66-21-01 and the name and address of the Bidder shall be submitted. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation “BID ENCLOSED: WYNNWOOD PUMP STATION PIPING MODIFICATIONS, City of The Colony, BID #66-21-01” on the face of it and addressed to the Purchasing Agent, City of The Colony, 6800 Main Street, The Colony, Texas 75056-1133. Transaction Fees: The City of The Colony uses Bidsync to distribute and receive bids and proposals. Please disregard any reference to “Transaction Fees” made on the Bidsync web site. THERE IS NO TRANSACTION FEE FOR ANY VENDOR THAT IS AWARDED THIS BID. 16.Modification and Withdrawal of Bids. 16.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 16.2 If, within twenty-four hours after the Bids are opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified from further bidding on the work. 17.Rejection of Bids. Bids may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid from an individual, firm or partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. 18.Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid prior to that date. 126 Bidding Documents 1-12 19.Award of Contract. 19.1 The Owner reserves the right to reject any and all bids, to waive any and all informalities except for the time of submission of the Bid and to negotiate contract terms with the Successful Bidder. The Owner also reserves the right to reject all nonconforming, non-responsive, unbalanced or conditional Bids. Also, the Owner reserves the right to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or has doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 19.2 In evaluating Bids, the owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, completion time, and other data, as may be requested in the Bid form or prior to the Notice of Award. 19.3 The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 19.4 The Owner may conduct such investigations as the owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 19.5 If contract is to be awarded, it will be awarded to the lowest responsible Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. The Owner’s evaluation in determining “lowest responsible bidder” will include consideration of skill, judgment, and integrity necessary to the faithful performance of the contract, as well as sufficient financial resources and ability. 19.6 If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of Award within ninety (90) days after the date of the Bid opening. 20.Execution of Agreement. Within fifteen (15) days after written Notification of Award of the contract, the Successful Bidder shall execute and furnish to the Owner three (3) original signed contracts, a Certificate of Insurance, Payment, Performance, and Maintenance Bonds. 127 Bidding Documents 1-13 21.Affidavit of Bills Paid. Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and that there are no claims pending. 22.Bid Compliance. Bid must comply with all Federal, State, County and local laws. Contractor shall not hire nor work any illegal alien. 23.Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction. The Contractor shall commence work within ten (10) calendar days after the date of Notice to Proceed. 24.Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the construction contract, the successful bidder shall provide a per item breakdown of: 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. 25.Silence of Specification. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. 26.Change Orders. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the Owner. 27.Assignment. The Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Owner. 128 Bidding Documents 1-14 28.Venue. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Denton County, Texas. 29.Maintenance Bond. Upon City acceptance, any contractor doing work in The Colony is required to provide the city with a minimum Two (2) year Maintenance Bond. The maintenance bond shall be in the amount of fifty thousand dollars ($50,000.00) or ten (10%) percent of the amount of the contract, whichever is greater, but not to exceed one hundred (100) percent of the contract amount. 129 Bidding Documents 1-15 BID FORM PROJECT IDENTIFICATION:WYNNWOOD PUMP STATION PIPING MODIFICATIONS in the City of The Colony BID #66-21-01 BID OF: (NAME OF FIRM) THIS BID IS SUBMITTED TO:City of The Colony (hereinafter called OWNER) c/o Purchasing Agent 6800 Main Street The Colony, Texas 75056-1133 CITY OF THE COLONY BID NO.: 66-21-01 1.The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2.BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. 3.In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): No:______________________________ Date: ______________________________ Rec'd: ______________________________ 130 Bidding Documents 1-16 b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c) BIDDER has studied carefully all reports and drawings of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at the sites. BIDDER has studied carefully all drawings of the physical conditions in or relating to existing surface or subsurface structures on the sites, which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the sites or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests reports or similar information or data are or will be required by BIDDER for such purposes. e) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. f) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. g) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 131 Bidding Documents 1-17 h) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. i) It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for in the Contract Documents. 4.It is understood and agreed that all work under this contract will be completed within the bid calendar days. Completion date will be established in the Notice to Proceed. 5.BIDDER will complete the Work for the following price(s): 132 Bidding Documents 1-18 PROPOSAL/UNIT PRICE BID SCHEDULE WYNNWOOD PUMP STATION PIPING MODIFICATIONS City of The Colony BID #66-21-01 Item No.Quantity Unit Description and Price in Words Unit Price Total Price 1 1 LS Mobilization, demobilization, bonds, insurance, overhead and profit,work fully performed, complete in place for the lump sum of $_________ Dollars and ____ Cents. $$ 2 LS Completion of piping modifications, complete the piping modifications, including all demolition and removal, procurement and installation of pipe, fittings, supports, and appurtenances, as shown on the Drawings, work fully performed, complete in place for the lump sum cost of $________ Dollars and ____ Cents. $$ 3 LS Modification of pump bases, including removal of existing, form, reinforce, place and finish pump bases as shown on the Drawings, work fully performed, complete in place for the sum of $________ Dollars and ____ Cents per lump sum. $$ 4 SF Concrete repair, including structural repair of the existing concrete slab in areas damages by removal of existing pipe supports, pump bases to a maximum depth of 2-inches or to the top layer of reinforcing steel complete in place for the sum of $________ Dollar and ____ Cents per square foot. $$ 5 1 LS Trench/Excavation Safety and Support Systems for trench and excavation work in accordance with OSHA standards, complete in place for the lump sum of $________ Dollars and ____ Cents. $$ TOTAL BID ITEMS 1 Thru 5 $ ________________________ 133 Bidding Documents 1-19 PROPOSAL SUMMARY BID PROPOSAL A. Materials Incorporated into Work $___________________ B.Materials Not Incorporated into Work $___________________ C.Other, Labor, etc.$___________________ NOT TO EXCEED TOTAL AMOUNT OF BID (A+B+C) $______________________________________________________________________ ______________________________________________________________________ END OF NOTICE TO BIDDERS 6.BIDDER agrees that all work awarded will be completed within 120 Calendar days, which includes 5 inclement weather days, for this project. The Contractor will submit written documentation to the Construction Inspector assigned by the City to document inclement weather days. Additional inclement weather calendar days will be added to the contract only if the 5 inclement weather days included in the bid have been approved. Contract time will commence to run as provided in the Contract Documents. 7.Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. 8.BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in the Contract Price (see Instructions to Bidders). 9.The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. The City of The Colony reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adjusted accordingly. SUBMITTED ON ______________________________ 134 Bidding Documents 1-20 NON-COLLUSION STATEMENT The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. Vendor: Address: City, State, Zip Code: Phone: Fax: Authorized Rep. (Name): Signature of Authorized Rep.: Position with Company: E-Mail (if available) EXCEPTIONS (IF ANY) FROM BID SPECIFICATIONS: 135 Bidding Documents 1-21 STATE RECIPROCAL REQUIREMENT THE CITY OF THE COLONY, AS A GOVERNMENTAL AGENCY OF THE STATE OF TEXAS, MAY NOT AWARD A CONTRACT FOR GENERAL CONSTRUCTION, SUPPLIES, MATERIALS, OR EQUIPMENT TO A NON-RESIDENT BIDDER UNLESS THE NON- RESIDENT’S BID IS LOWER THAN THE LOWEST BID SUBMITTED BY A RESPONSIBLE TEXAS RESIDENT BIDDER BY THE SAME AMOUNT THAT A TEXAS RESIDENT BIDDER WOULD BE REQUIRED TO UNDERBID A NON-RESIDENT BIDDER TO OBTAIN A COMPARABLE CONTRACT IN THE STATE IN WHICH THE NON-RESIDENT’S PRINCIPAL PLACE OF BUSINESS IS LOCATED (ARTICLE 601G V.T.C.S.). BIDDER SHALL ANSWER ALL THE FOLLOWING QUESTIONS BY ENCIRCLING THE APPROPRIATE RESPONSE OR COMPLETING THE BLANK PROVIDED. IS YOUR PRINCIPAL PLACE OF BUSINESS IN THE STATE OF TEXAS? YES NO IF THE ANSWER TO QUESTION 1 IS “YES” NO FURTHER INFORMATION IS NECESSARY; IF “NO”, PLEASE INDICATE: IN WHICH STATE YOUR PRINCIPAL PLACE OF BUSINESS IS LOCATED.______________________________ DOES THAT STATE FAVOR RESIDENT BIDDERS (BIDDERS IN YOUR STATE) BY SOME DOLLAR INCREMENT OR PERCENTAGE? YES NO 1. IF “YES”, WHAT IS THAT DOLLAR INCREMENT OR PERCENTAGE:______________________________ 136 Bidding Documents 1-22 M 1295 INSTRUCTIONS Form 1295 – Certificate of Interested Parties Pursuant to Texas Government Code §2252.908 the successful vendor must file a Certificate of Interested Parties (Form 1295) with the Texas Ethics Commission prior to award of the contract. Failure to file and send the completed form within five (5) business days of request may be grounds for declaring vendor non-responsive to specifications. Information regarding this form may be found on the Texas Ethics Commission’s website at www.ethics.state.tx.us. Form 1295 Sample: 137 Bidding Documents 1-23 BID AFFIDAVIT* The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be 90 calendar days from the date of the bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwise indicated by Bidder.) STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of TEXAS, on this day personally appeared __________ who after being by me Name duly sworn, did depose and say: "I, am a duly authorized office/agent for Name __________ and have been duly authorized to execute the Name of Firm foregoing on behalf of the said Name of Firm I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/commodities bid on, or to influence any individual(s) to bid or not to bid thereon." Name and Address of Bidder: Telephone: by: Title:Signature: __________________________________________ SUBSCRIBED AND SWORN to before me by the above named __________________________ on this the __________________ day of ________________________________________2020. Notary Public in and for the State of TEXAS _______________________________________________ *If submitting through BidSync – submit as an attachment with notary seal and signatures. 138 Bidding Documents 1-24 If BIDDER IS: An Individual By_____________________________________________________________________(Seal) (Individual's Name) doing business as ________________________________________________________________ Business address ________________________________________________________________ ______________________________________________ Phone No. _______________________ A Partnership By (Seal) (Firm Name) (General Partner) Business address Phone No. A Corporation By (Corporation Name) (State of Incorporation) By (Name of person authorized to sign) (Title) (Corporate Seal) Attest__________________________________________________________________________ (Secretary) Business address Phone No. A Joint Venture By___________________________________________________________________________ (Name)(Address) By________________________________________________________________ (Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a partner to the joint venture should be in the manner indicated above.) 139 Contract Documents 1-25 SECTION 2 CONTRACT DOCUMENTS 140 Contract Documents 1-26 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 15TH day of December in the year 2020 by and between the CITY OF THE COLONY, TEXAS, a municipal corporation (hereinafter called OWNER) and CROSSLAND HEAVY CONTRACTORS, INC. (Hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The scope of work consists of removal and replacement of existing steel pump suction and discharge piping inside the pump station with ductile iron piping. The work includes, but is not limited to, removal and replacement of approximately 50 linear feet of 20-inch diameter pipe, approximately 30 linear feet of 6-inch diameter pipe, approximately 25 feet of 8-inch pipe, approximately 30 linear feet of 12-inch pipe, removal and re-installation of four existing 6-inch control valves, removal and re-installation of five 12-inch butterfly valves, removal and replacement of four air release valves, removal and salvage of three 20-inch diameter butterfly valves and motorized actuators, removal and salvage of one 16-inch diameter butterfly valve, removal and re-installation of four existing pumps, modification of four existing concrete pump bases, removal of existing pipe supports, installation of new pipe supports, piping, fittings, and appurtenances as shown on the drawingsand any other work deemed necessary by the City of The Colony. All of the above shall be done in accordance with TxDOT and NCTCOG specifications with the City of the Colony’s Addenda and as per instructions of the City of The Colony City Engineer. All construction sequencing and barricading will be done according to the City of The Colony Standards. The opinion of probable construction cost for the overall project is $300,000.00. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: WYNNWOOD PUMP STATION PIPING MODIFICATIONS City of The Colony BID #66-21-01 141 Contract Documents 1-27 Article 2. ENGINEER. The Project has been designed by the City of The Colony Engineering Department. The Bidding and Contract Documents have been established by the City of The Colony Engineering Department. Contract administration will be provided by the City of The Colony Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to the ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be completed within 120 calendar days, including 5 inclement weather days, from the date when the Contract Time commences to run as provided in Item 103.6 of the General Provisions, and completed and ready for final payment in accordance with Item 109.5.4 of the General Provisions. BIDDER agrees that all work awarded will be completed within 120 Calendar days, which includes 5 inclement weather days, for this project. The Contractor will submit written documentation to the Construction Inspector assigned by the City to document inclement weather days. Additional inclement weather calendar days will be added to the contract only if the 5 inclement weather days included in the bid have been approved. Contract time will commence to run asprovided in the Contract Documents. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in the Proposal and Bid Schedule. The contract sum shall be the amount of $174,615.00. The total tangible personal property cost included in the contract sum is $ __0___________. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 109.5.1 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 5.1.1. Prior to Completion, Progress Payments will be made in an amount equal to the percentage indicated in Item 109.5.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, 142 Contract Documents 1-28 or OWNER may withhold, in accordance with Item 109.4 of the General Provisions of the NCTCOG Specifications. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 109.5.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR’S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 102.3 of the General Provisions, and accepts the determination set forth in Item SC-105.1.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 102.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 102.3, 103.1 and 104.1 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 143 Contract Documents 1-29 Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1-23 through 1-29, inclusive). 8.2. Exhibits to this Agreement (immediately following this Agreement, inclusive). 8.3. Certificate of Insurance (page 1-32). 8.4.Notice of Award. 8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction, NCTCOG, fourth edition. 8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 1-40 through 1-51). 8.7. Certificate of Interested Parties (Form 1295) must be provided by the Selected Contractor per the Texas Legislature adoption of House Bill 1295 which added section 2252.908 of the Government Code. Selected Contractor must submit the completed form prior to the City Council Meeting to award the project. 8.8. Specifications bearing the title: "PROJECT MANUAL - Proposal, Contract, Bond Forms, and Specifications for: WYNNWOOD PUMP STATION PIPING MODIFICATIONS City of The Colony BID #66-21-01 8.9. Addendum to the NCTCOG Standard Specifications for Public Works Construction included in Appendix B. 8.10. Construction plans, one set consisting of Thirteen (13) consecutively numbered sheets. 8.10 All of the addenda. 8.11. CONTRACTOR's Proposal, Bid Schedule, and Summary of Section 1 - Bidding and Contract Documents (page 1-16 through 1-22). 8.12. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.13. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 104.2 and 109.3 of the General Provisions. 144 Contract Documents 1-30 8.14. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2 and 109.3 of the General Provisions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 101.1 of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (expect to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. 145 Contract Documents 1-31 This Agreement will be effective on DECEMBER 15, 2020. OWNER:City of The Colony CONTRACTOR: NAME______________ 6800 Main Street ADDRESS___________ The Colony, TX 75056 CITY, STATE ZIP________ BY: _____________________________BY: __________________________________ TITLE: City Manager TITLE: _______________________________ ATTEST: _________________________ATTEST: ______________________________ Address for giving notices:Address for giving notices: City of the Colony NAME_______________ 6800 Main Street ADDRESS________________ The Colony, Texas 75056 CITY,STATE ZIP________________ Attn:Jimmy Arthur Attn:NAME___________________ Supervisor of Water Production (If OWNER is a public body, attach (If CONTRACTOR is a corporation, attach evidence of authority to sign and evidence of authority to sign.) resolution or other documents authorizing execution of Agreement.) 146 Contract Documents 1-32 SECTION 2 PREVAILING WAGE RATE FOR MUNICIPAL CONSTRUCTION IN DENTON COUNTY, TEXAS (Revised February 2007) The wage rates below, in accordance with statutory requirements and prevailing local wages, have been determined by Denton County, Texas. The CONTRACTOR shall comply with all State and Federal Laws applicable to such work. The proceeding are minimum rates. Bidders shall base their bids on rates they expect to pay, if in excess of those listed. The OWNER will not consider claims for extra payment to CONTRACTOR on account of payment of wages higher than those specified. Rates Air Tool Operators $ 10.06 Asphalt Raker 11.01 Asphalt Shoveler 8.80 Batching Plant Weigher 14.15 Carpenter 12.80 Concrete Finisher-Paving 12.85 Concrete Finisher-Structure 13.27 Concrete Rubber 10.61 Electrician 18.12 Flagger 8.43 Form Builder-Structures 11.63 Form Setter-Paving & Curb 11.83 Form Setter-Structures 11.63 Laborer-Common 9.18 Laborer-Utility 10.65 Mechanic 16.97 Oiler 14.98 Servicer 12.32 Painter-Structures 13.17 Pipe Layer 11.04 Asphalt Distributor Operator 13.99 Asphalt Paving Machine 12.78 Broom or Sweeper Operator 9.88 Bulldozer 13.22 Concrete Finishing Machine 13.63 Concrete Paving Joint Sealer 12.50 Concrete Paving Saw 13.56 Concrete Paving Spreader 14.50 Slip form Machine Operator 12.33 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel 14.12 147 Contract Documents 1-33 PREVAILING WAGE RATE FOR MUNICIPAL CONSTRUCTION IN DENTON COUNTY, TEXAS (Revised February 2007) (continued) Rates Foundation Drill Operator Crawler Mounted $13.67 Foundation Drill Operator Truck Mounted 16.30 Front End Loader 12.62 Milling Machine Operator 11.83 Mixer 11.58 Motor Grader Operator Fine Grade 15.20 Motor Grade Operator 14.50 Pavement Marking Machine 10.04 Roller, Steel Wheel Plant-Mix Pavements 11.28 Roller, Steel Wheel Other Flatwheel or Tamping 10.92 Roller, Pneumatic, Self-Propelled 11.07 Scraper 11.42 Tractor-Crawler Type 12.60 Tractor-Pneumatic 12.91 Traveling Mixer 12.03 Wagon-Drill, Boring Machine 14.00 Reinforcing Steel Setter Paving 14.86 Reinforcing Steel Setter Structures 16.29 Spreader Box Operator 10.92 Zone Work Barricade 10.09 Truck Driver-Single Axle Light 10.91 Truck Driver-Single Axle Heavy 11.47 Truck Driver-Tandem Axle Semi Trailer 11.75 Truck Driver-Lowboy/Float 14.93 Truck Driver-Transit Mix 12.08 Welder 13.57 Request for additional classifications and wage rates may be submitted to the City ENGINEER after award, and may be approved only if: (1) the work to be performed by the classification requested is not performed by a classification in the wage determination; (2) the classification is utilized in the area by the construction industry; and (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination (for the given area and type of construction). Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR. 5.5 (a) (1) (v)). 148 Contract Documents 1-34 Certificate Of Insurance After award of contract, Contractor will provide Owner with Certificate of Insurance which will be executed and bound here with final documents. 149 Contract Documents 1-35 General Instructions For Bonds A.The surety on each bond must be a responsible surety company which is qualified to do business in Texas and satisfactory to the Owner. B.The name, and residence, of each individual party to the bond shall be inserted in the body thereof, and each such party shall sign the bond with his usual signature on the line opposite the scroll seal, and if signed in Maine, Massachusetts or New Hampshire, an adhesive seal shall be affixed opposite the signature. C.If the principals are partners, their individual names will appear in the body of the bond, with the recital that they are partners composing a firm, naming it, and all the members of the firm shall execute the bond as individuals. D.The signature of a witness shall appear in the appropriate place, attesting the signature of each individual party to the bond. E.If the principal or surety is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. F.The official character and authority of the person or persons executing the bond for the principal, if a corporation, shall be certified by the secretary or assistant secretary according to the form attached hereto. In lieu of such certificate, records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies. G.The date of this bond must not be prior to the date of the contract in connection with which it is given. 150 Contract Documents 1-36 PERFORMANCE BOND STATE OF TEXAS } COUNTY OF DENTON } KNOW ALL MEN BY THESE PRESENTS:That . whose address is , hereinafter called Principal, and , a corporation organized and existing under the laws of the State of ________, and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF THE COLONY, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of ($ ) in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of The Colony, the Beneficiary dated the _______ of ____________, A.D. 2020, which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: WYNNWOOD PUMP STATION PIPING MODIFICATIONS City of The Colony BID #66-21-01 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the 151 Contract Documents 1-37 Work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in Three (3) copies, each one of which shall be deemed an original, this the ______ day of ______________, 2020. PRINCIPAL SURETY ___________________________________ By:_______________________________By:________________________________ Title: Title:_______________________________ ATTEST:ATTEST: _______________________________________________________________________ The Resident Agent of the Surety in Denton or Dallas County, Texas, for delivery of notice and service of the process is: NAME:_________________________________________________________________________ ADDRESS:_____________________________________________________________________ NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give person's name. 152 Contract Documents 1-38 PAYMENT BOND STATE OF TEXAS } COUNTY OF DENTON } KNOW ALL MEN BY THESE PRESENTS:That , whose address is , hereinafter called Principal, and , a corporation organized and existing under the laws of the State of ________, and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF THE COLONY, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of ($ ) in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of The Colony, dated the _______ of ____________, A.D. 2020, which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: WYNNWOOD PUMP STATION PIPING MODIFICATIONS City of The Colony BID #66-21-01 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. 153 Contract Documents 1-39 The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in Three (3) copies, each one of which shall be deemed an original, this the ______ day of ___________________, 2020. PRINCIPAL SURETY ___________________________________ By:________________________________By:________________________________ Title: Title:_______________________________ ATTEST:ATTEST: _______________________________________________________________________ The Resident Agent of the Surety in Denton or Dallas County, Texas, for delivery of notice and service of the process is: NAME: _________________________________________________________________________ ADDRESS:_____________________________________________________________________ NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name. 154 Contract Documents 1-40 MAINTENANCE BOND STATE OF TEXAS } COUNTY OF DENTON } WYNNWOOD PUMP STATION PIPING MODIFICATIONS City of The Colony BID # 6-21-01 KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and , a corporation organized under the laws of the State of Texas, as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the CITY OF THE COLONY , a Municipal Corporation, Texas, the sum of ($ ), for the payment of which sum will and truly be made unto said CITY OF THE COLONY, and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said . has this day entered into a written contract with the said CITY OF THE COLONY to build and construct WYNNWOOD PUMP STATION PIPING MODIFICATIONS City of The Colony BID # 66-21-01 which contract and the plans and specifications therein mentioned, adopted by the CITY OF THE COLONY are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said CITY OF THE COLONY shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. 155 Contract Documents 1-41 IN WITNESS WHEREOF, the said ___________________________________ has caused these presents to be executed by _____________________________________________ and the said _____________________________________________ has caused these presents to be executed by its Attorney in fact and the said Attorney in fact ____________________________, has hereunto set his hand, the ______________ day of _______________________, 2020. PRINCIPAL SURETY ___________________________________ By: __________________________________By: ________________________________ Title: Title: _______________________________ WITNESS:ATTEST: _______________________________________________________________________ NOTE: Date of Maintenance Bond must not be prior to date of Contract. 156 Contract Documents 1-42 SECTION 3 CITY OF THE COLONY’S SUPPLEMENTARY CONDITIONS TO THE NCTCOG GENERAL PROVISIONS 157 Contract Documents 1-43 CITY OF THE COLONY SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD GENERAL PROVISIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, NORTH CENTRAL TEXAS, FOURTH EDITION. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. ITEM 1.0 -DEFINITIONS SC-1.0 Engineer: The word "Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of The Colony, 6800 Main Street, The Colony, TX 75056, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. Owner: The word "Owner" in these contract documents and specifications refers to the CITY OF THE COLONY acting through its authorized representatives. Working Day: Add the following sentence to the end of the working days definitions: Hours worked before 8:00 a.m. after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request must be made in writing and approved by the City of The Colony. Seventy-two hours notice is required. All overtime incurred by the City for inspection services shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments. All other terms used in these Supplementary Conditions which are defined in the General Provisions shall have the same meanings used in the General Provisions. ITEM 103.3 - SURETY BONDS SC-103.3 Add following sentences to Item 103.3.1.3: “Upon City acceptance, any contractor doing work in The Colony is required to provide the City with a minimum Two (2) year Maintenance Bond. The maintenance bond shall be in the in the amount of fifty thousand dollars ($50,000.00) or ten (10) percent of the amount of the contract, whichever is greater, but not to exceed one hundred (100) percent of the contract amount. City Ord. No. 513.” 158 Contract Documents 1-44 ITEM 103.4 - INSURANCE SC- 103.4 Delete Item 103.4 and replace with the following: SC-103.4.1 COMMERCIAL GENERAL AND COMPREHENSIVE GENERAL INSURANCE: It is understood and agreed as a part of this contract that the CONTRACTOR shall indemnify, save and hold the City harmless from any and all claims, demands or damages which result from any injury, loss or liability as a result of CONTRACTOR’S performance of this contract, including any for which it might be contended that the City is negligent. In that regard CONTRACTOR shall carry: COMPREHENSIVE GENERAL LIABILITY AND CONTRACTOR’S INSURANCE: LIMITS:COMBINED SINGLE LIMIT BODILY INJURY AND PROPERTY DAMAGE $1,000,000.00 EACH OCCURRENCE $2,000,000.00 AGGREGATE (PER PROJECT ENDORSEMENT) (PER LOCATION ENDORSEMENT) AUTOMOBILE LIABILITY: LIMITS: COMBINED SINGLE LIMIT BODILY INJURY AND PROPERTY DAMAGE - $1,000,000.00 PER OCCURRENCE It is understood that the purpose of the insurance required herein is to cover any liability that may result, not only against the CONTRACTOR but also against the City, as a result of CONTRACTOR’S performance of this contract. Therefore, such insurance shall not include any exclusion, which may be relied upon to cause the City not to be covered. Generally the insurance coverage shall be provided by a company rated A+ or A in the current Best Key Rating Guides. All insurance other than Worker's Compensation shall be of the occurrence type. The company shall be one acceptable to the OWNER and more specifically shall be adequately capitalized and rated and shall be a company admitted in Texas. At the time of the execution of the contract and before commencing work, the CONTRACTOR shall submit to the OWNER a certificate of insurance in favor of the OWNER with a 30-day notice of cancellation, naming the “City of The Colony” as an additional insured and showing that the CONTRACTOR has the coverage required herein. All coverage shall include a waiver of subrogation clause in favor of the OWNER. The 159 Contract Documents 1-45 CONTRACTOR shall also file with the OWNER valid Certificates of Insurance covering all sub-contractors. WORKMAN’S COMPENSATION AND EMPLOYER’S LIABILITY: CONTRACTOR shall carry Worker’s Compensation and Employer’s Liability. LIMITS:WORKERS’ COMPENSATION STATUTORY EMPLOYER’S LIABILITY - $1,000,000.00 PER OCCURRENCE A certificate of insurance must be attached showing that the CONTRACTOR has coverage providing for payment of benefits as specified by the Worker’s Compensation Law of the State of Texas. SC-103.4.2 WORKERS’ COMPENSATION INSURANCE: A.In accordance with Texas Workers' Compensation Commission New Rule 28 TAC *110.110, the following language is required: 1.Definitions: Certificate of coverage ("certificate") - A copy of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - Includes the time from the beginning of the work on the project until the CONTRACTOR’S/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096 of the Texas Labor Code) - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation or other service related to a project. 160 Contract Documents 1-46 "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2.The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, which meets the necessary requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project 3.The CONTRACTOR must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4.If the coverage period shown on the CONTRACTOR’S current certificate of coverage end during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5.The CONTRACTOR shall obtain from each person providing services on a project, and provide to the governmental entity. (a)A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificate of coverage showing coverage for all persons providing services on the project; and (b) No later than seven days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6.The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7.The CONTRACTOR shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the CONTRACTOR knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8.The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project 161 Contract Documents 1-47 that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9.The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: Provide coverage, base on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (a) provide to the CONTRACTOR, prior to the person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage. If the coverage period shown on the current certificate of coverage ends during the duration of the project. (d)Obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (1) a certificate of coverage, prior to the other person beginning work on the project (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period. If the coverage period shown on the current certificate of coverage ends during the duration of the project; (e)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts, to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 162 Contract Documents 1-48 10.By signing this contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR representing to the governmental entity that all employees of the CONTRACTOR who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11.The CONTRACTOR’S failure to comply with any of these provisions is a breach of contract by the CONTRACTOR which entitles the governmental entity to declare the contract void if the CONTRACTOR does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity. 12.The required notice at the project shall be in text of at least a nineteen (19) point type, with a title in at least thirty (30) point type, and shall contain the following text, in English and Spanish: REQUIRED WORKERS’ COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers’ compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. Call the Texas Workers; Compensation Commission at 512-440-3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer’s failure to provide coverage. 163 Contract Documents 1-49 SC-103.4.3 CERTIFICATE OF INSURANCE: Before commencing any work, CONTRACTOR shall file with OWNER valid Certificates of Insurance, from an Insurance Company with a rating of A or higher in the current Best’s Key Rating Guide and acceptable to the OWNER and the ENGINEER. ITEM 103.6 - NOTICE TO PROCEED SC-103.6 Add following sentence to end of Item 103.6: “Before Contractor starts the Work at the site, a Pre-Construction Conference conducted by the Engineer and attended by Contractor, and others as appropriate will be held to discuss the schedules referred to in Items 105.3, 108.1 and 190.5, and to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work.” ITEM 104.2 - CHANGE OR MODIFICATION OF CONTRACT SC-104.2.1 104.2.1 Amend the last sentence in Paragraph two of Item 104.2.1 to delete the following "except as provided below." Add the following sentence to the end of paragraph two in Item 104.2.1: "The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions:” ITEM 105.1.1 - PRIORITY OF CONTRACT DOCUMENTS SC-105.1.1 Add the following language at the end of the Item 105.1.1: "If there is any conflict between the provisions of the Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications, manuals or codes." ITEM 105.1.2 - CORRELATION OF DOCUMENTS SC-105.1.2 164 Contract Documents 1-50 Add the following to the end of Item 105.1.2: "In the preparation of Details and Specifications, ENGINEER has established and relied upon the following reports of explorations and tests of subsurface conditions at the site of the work: Geotechnical Engineering Report –Wynnwood Pump Station (LandTec Engineers) The Contractor may take borings at the site to satisfy himself as to subsurface conditions. ITEM 105.1.3 – CONTRACT DRAWINGS AND SPECIFICATIONS SC-105.1.3 Amend the first sentence of 105.1.3 by changing “such copies” to “five copies.” ITEM 105.2 - MATERIALS AND WORKMANSHIP; WARRANTIES AND GUARANTEES SC-105.2.2 Amend the first sentence of Item 105.2.2 to change the words "one year" to "two years". ITEM 105.4 – CONSTRUCTION STAKES SC-105.4 Delete Item 105.4 in its entirety and insert the following in lieu thereof: "Construction stakes/surveying shall be provided by the CONTRACTOR. The Contractor shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the requirements of the construction documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with the Contract Details and Specifications and the lines and grades given therein." ITEM 106.5 – SAMPLES AND TESTS OF MATERIALS SC-106.5 106.5 Amend the first paragraph to delete "direction and expense of the Owner" and add the following: "direction of the Owner and expense of the Contractor". Amend the last paragraph, first sentence by changing "Contractor" to "Owner". ITEM 107.3 - OWNERS, OFFICERS, EMPLOYEES OR AGENTS SC-107.3.2 165 Contract Documents 1-51 Replace Item 107.3.2 with the following new paragraph: 107.3.2 Conflict of Interest City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. ITEM 107.14 -STATE AND LOCAL SALES AND USE TAXES SC-107.14 Delete Item 107.14 and substitute the following in lieu thereof: 107.14 “Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty. It is still possible, however, for a contractor to make tax-free purchase of tangible personal property which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the city for those materials. (This procedure may not be used, however, for materials which do not become a part of the finished product. For example, equipment rentals, form materials, etc., are not considered as becoming "incorporated" into the project). Utilization of this "separated contract" approach eliminates the need for bidders to figure in sales tax for materials which are to be incorporated into the project. The successful bidder's bid form will be used to develop the "separated contract" and will determine the extent of the tax exemption. Upon execution of the construction contract, the contractor shall furnish a breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project.” ITEM 107.19.2 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY SC-107.19.2 166 Contract Documents 1-52 Add the following new Item 107.19.2.1 immediately after Item 107.19.2: 107.19.2.1 Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arise out of CONTRACTOR's work, CONTRACTOR shall promptly attempt to settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and Consulting Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate Contractor against OWNER, ENGINEER or Consulting Engineer to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the performance of work be any separate Contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER or Consulting Engineer or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER, ENGINEER or Consulting Engineer on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Item 108.8. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor. ITEM 107.23.5 – EXISTING UTILITIES AND SERVICE LINES SC-107.23.5 Add the following new Item 107.23.5 immediately after Item 107.23.4: 107.23.5 Existing Utilities and Service Lines: The Contractor shall be responsible for the protection of all existing utilities and service lines crossed or exposed by the construction operations. Where existing utilities and service lines are cut, broken or damaged, the CONTRACTOR shall replace the utilities and service lines with the same type of original construction, or better, at his own cost and expense. If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by the performance of this contract. ITEM 108.1 – PROGRESS SCHEDULE 167 Contract Documents 1-53 SC-108.1 Amend the first sentence of Item 108.1 by adding the following at the beginning of the sentence: "If requested by Owner, Engineer or Contractor". ITEM 108.3 - OTHER CONTRACTORS; OBLIGATION TO COOPERATE SC-108.3 Delete the last sentence of the second paragraph and substitute the following in lieu thereof: "In such event, Contractor shall be entitled to an extension of working time only for unavoidable delays verified by the Engineers, as provided in Item 108.8; however, no increase in the contract price shall be due the Contractor." Insert the following sentence at the end of the second paragraph of Item 108.3: "The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR of such related work except as provided in Item 108.8." ITEM 108.8 - DELAYS; EXTENSION OF TIME; LIQUIDATED DAMAGES SC-108.8 Add the following at the end of the last paragraph in Item 108.8: "No extension of the contract time shall be allowed unless the CONTRACTOR can demonstrate the delay caused an adverse impact to the critical path and that loss of time cannot be made up by revising the sequence of the work of the project." ITEM 109.5 – MONTHLY ESTIMATE, PARTIAL PAYMENTS, RETAINAGE, FINAL INSPECTION, ACCEPTANCE AND FINAL PAYMENT SC-109.5 Delete Items 109.5.1 and 109.5.2 and replace with the following: On or before the 10th day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER for approval or modification, a statement documenting the total value of the work done by the CONTRACTOR up to and including the last day of the preceding month; said statement shall also include the value of acceptable materials delivered on the site of the project that are yet to be fabricated into the work, as previously approved by the ENGINEER and shall include an updated construction schedule. The OWNER shall then pay the CONTRACTOR on or before the 25th day of the current month the total amount of the approved statement, less a retainage of ten (10) 168 Contract Documents 1-54 percent (if the total amount of the contract awarded is four hundred thousand ($400,000) dollars or more, then the amount of the retainage shall be five (5) percent rather than ten (10) percent) plus the usual retainage on partial payments, which ten (10) or five (5) percent shall be retained until final payment, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of the Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault and neglect on the part of the CONTRACTOR and OWNER, then the OWNER may - upon written recommendation of the ENGINEER - pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." Items not included in the Proposal Section shall be subsidiary to those items provided under the Proposal Section. 169 Contract Documents 1-55 SECTION 4 SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS FOR CONSTRUCTION AND GENERAL NOTES 170 Contract Documents 1-56 SECTION 4 SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS FOR CONSTRUCTION AND GENERAL NOTES TABLE OF CONTENTS SECTION PAGE 4-1 General..............................................................................................................................1-54 4-2 Project Maintenance................................................................................................................1-54 4-3 Permits and Licenses...............................................................................................................1-54 4-4 Addenda ..................................................................................................................................1-55 4-5 Boundaries of Work................................................................................................................1-55 4-6 Examination of Project Sight..................................................................................................1-55 4-7 Protection of Site.....................................................................................................................1-56 4-8 Location and Protection of Existing Structures and Utilities.................................................1-56 4-9 Property Lines and Monuments..............................................................................................1-57 4-10 Barricades and Danger Signals...............................................................................................1-57 4-11 Water for Construction............................................................................................................1-57 4-12 Competent Workmen..............................................................................................................1-57 4-13 Sheeting, Shoring and Bracing................................................................................................1-58 4-14 Materials..................................................................................................................................1-58 4-15 Concrete Mix Design Submitted for Approval.......................................................................1-58 4-16 Testing of Materials................................................................................................................1-58 4-17 Rejected Materials...................................................................................................................1-58 4-18 Materials and Workmanship...................................................................................................1-58 4-19 Storage.....................................................................................................................................1-59 4-20 Batch Plant Requirements.......................................................................................................1-59 4-21 Project Sign.............................................................................................................................1-60 4-22 Mechanical Tamping...............................................................................................................1-60 4-23 Construction in Public Roads and Private Drives...................................................................1-62 4-24 Cleanup for Final Acceptance.................................................................................................1-62 4-25 General Notes..........................................................................................................................1-62 171 Contract Documents 1-57 SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS FOR CONSTRUCTION AND GENERAL NOTES The purpose of the Special Conditions is to clarify the Technical Specifications and the Standard Specifications and adapt them to this particular contract as follows: 4-1 GENERAL: The work covered by these specifications is located in the City of The Colony, Texas. 4-2 PROJECT MAINTENANCE: The CONTRACTOR shall maintain and keep in good repair the improvements covered by these plans and specifications during the life of this contract and for a period of two years after completion and acceptance of the project by the City of The Colony. During such time he shall, at his own expense, furnish all labor, materials, tools and equipment required and shall make such repairs and renewals or shall perform such work or reconstruction as may be necessary by any structural or functional defect or failure resulting from neglect, faulty workmanship or faulty materials in any part of the work performed by him. Notice to the CONTRACTOR that repairs, renewals or reconstruction is required under this provision of the specifications may be made in the form of a registered letter, signed by the OWNER or his ENGINEER, addressed to the CONTRACTOR and deposited in the Post Office at The Colony, Texas. The CONTRACTOR is responsible to take immediate action to fix or repair any utility outage or hazardous condition due to construction failure within four (4) hours after notification. In case the CONTRACTOR is not able to fulfill this responsibility, the City will take the necessary action to correct the problem. The cost of such action(s) will be paid by CONTRACTOR. 4-3 PERMITS AND LICENSES: Applicable permits and Licenses, as required, to construct the Project will be acquired by the CONTRACTOR. Obtaining any other special licenses and permits required shall be the responsibility of the CONTRACTOR unless specifically provided otherwise in the Contract Documents. The CONTRACTOR and any subcontractors must also be registered with the city prior to performing any work, and must obtain any necessary electrical, mechanical, irrigation, plumbing, fencing or other city building permits prior to starting construction activities. 172 Contract Documents 1-58 4-4 ADDENDA: The OWNER reserves the right to issue addenda to these Special Provisions prior to accepting bids for the work. Such addenda shall be and are hereby made a part of these specifications. Upon receipt of the addenda, the CONTRACTOR shall acknowledge their receipt by listing the addenda and signing the appropriate spaces in the proposal. 4-5 BOUNDARIES OF WORK: The OWNER will provide land, easements, and rights-of-way for the work specified in this contract and make suitable provisions for ingress and egress, and the CONTRACTOR shall not enter on or occupy with workers, tools, equipment or material any ground outside the property of the OWNER without the written consent of the Private or Public Owner of such ground. Other Contractors and employees or agents of the OWNER may, for all necessary purposes, enter upon the work and premises used by the CONTRACTOR, and the CONTRACTOR shall conduct work so as not to impede unnecessarily any work being done by others on or adjacent to the site. The sites involved will be assumed to encompass at least the minimum areas needed to complete the work, but this does not necessarily mean that all trenches or other excavations can be back-sloped without bracing or shoring. The CONTRACTOR shall investigate the site and satisfy himself that the proposed easements and sites are adequate for the construction of the Project and at the price bid. Before beginning construction in areas of public dedication, the CONTRACTOR shall inform the agency having jurisdiction in the area seventy-two (72) hours prior to initiation of the work. If the site furnished by the OWNER is not large enough for the storage of materials, the CONTRACTOR shall furnish additional space as required at the CONTRACTORS’ own expense. 4-6 EXAMINATION OF PROJECT SITE: Prospective bidders shall make a careful examination of the site of the project and should become familiar with local conditions that may affect cost, progress, and performance of furnishing the work. The CONTRACTOR should also consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the work and should correlate bidder’s observations with the Contract Documents. The CONTRACTOR should also evaluate soil and water conditions to be encountered; improvements to be protected; disposal site for surplus material not designated to be salvage materials, and as to method of providing ingress and egress to private properties. The CONTRACTOR shall notify ENGINEER of all conflicts, errors, or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to OWNER. 173 Contract Documents 1-59 4-7 PROTECTION OF SITE: The CONTRACTOR shall protect all structures, walks, pipelines, sprinkler systems, trees, shrubbery, lawns and other improvements during the progress of his work, and shall remove from the site all debris and unused materials at the CONTRACTORS’ expense. In the event the CONTRACTOR damages any of the improvements previously listed during construction activities, CONTRACTOR shall replace the damaged improvement to its original condition without compensation from the OWNER. 4-8 LOCATION AND PROTECTION OF EXISTING STRUCTURES AND UTILITIES: In the preparation of plans and specifications, the ENGINEER has endeavored to indicate the location of existing underground utility lines, which are known to the ENGINEER. No attempt has been made to show minor lines or service lines; however, it is not guaranteed that all major lines or structures have been shown on the plans. Prior to the start of the construction, the CONTRACTOR shall communicate with the local representative of the utility companies, including, but not limited to, Gas Company, Telephone Company, Electric Company, Cable Company, and any other public and private utility companies, and advise said representatives of the route of the proposed construction in order to obtain the assistance of the utility companies in the location of and in the avoidance of the conflicts with utility lines. The CONTRACTOR shall uncover and determine the elevation and location of all conflicts well ahead of the excavation. Where excavation endangers adjacent structures and utilities, the CONTRACTOR shall, at his own expense, carefully support and protect all such structures and/or utilities so that there will be no failure or settlement. Where it is necessary to move services, poles, guy wires, pipelines, or other obstructions, the CONTRACTOR shall notify and cooperate with the utility OWNER. In case damage to any existing structure or utility occurs, whether failure or settlement, the CONTRACTOR shall restore the structure or utility to its original condition and position without compensation from the OWNER. All costs of temporarily or permanently relocating the conflicting utilities shall be borne by the CONTRACTOR without extra compensation from the OWNER. Prior to commencing construction, the ENGINEER shall furnish the utility owners of such known utilities with copies of the plans showing the proposed construction. As the construction commences and progresses, it shall be the CONTRACTOR’S responsibility to make arrangements with the utility owners of such utilities to uncover them or otherwise confirm their location if there appears to be any probability of conflict with the facility under construction. The cost of uncovering and locating such utilities shall be borne by the CONTRACTOR unless the utility company involved takes care of it or unless payment to the CONTRACTOR for such work is specifically provided in the Contract Documents. If any such existing utilities are in direct physical conflict with the facilities being constructed, the CONTRACTOR will be compensated for extra work if approved by the OWNER. The CONTRACTOR is required to resolve such conflict; however, he will not be allowed extra compensation on the basis of inconveniences resulting from working near such utilities that are 174 Contract Documents 1-60 close to, but not in direct conflict with the project. The CONTRACTOR shall also be responsible for notifying the owner of such utility damages resulting from work by the CONTRACTOR and such utilities shall be considered to be "Adjoining Property". 4-9 PROPERTY LINES AND MONUMENTS: The CONTRACTOR shall protect all property corner markers and when such markers or monu- ments are in danger of being disturbed, they shall be properly referenced and if disturbed shall be reset at the expense of the CONTRACTOR by a Surveyor Registered in the State of Texas. 4-10 BARRICADES AND DANGER SIGNALS: Where the work is carried in or adjacent to any street, alley or public place, the CONTRACTOR shall furnish, erect, maintain, and remove such barricades, fences, lights, control signs and other danger signals; CONTRACTOR shall provide such watchmen and shall take such other precautionary measures for the protection of persons or property and of the work as necessary. Barricades shall conform to the Texas Manual on Uniform Traffic Control Devices, Latest Edition. From sunset to sunrise, the CONTRACTOR shall furnish and maintain sufficient lights at each barricade. A sufficient number of barricades shall be erected to keep vehicles from being driven on or into any work under construction. The CONTRACTOR shall furnish watchmen in sufficient number to protect the work. All items associated with traffic control shall be included at no extra pay unless specified otherwise in the Contract Documents. The CONTRACTOR must submit a Traffic Control Plan for approval by the OWNER prior to the removal and/or installation of any traffic control devices needed for the project. The CONTRACTOR will be held responsible for all damage to the work due to the failure of barricades, signs, lights and watchmen to protect it, and whenever evidence is found of such damage, the ENGINEER may order the damaged portion immediately removed and replaced by the CONTRACTOR at his cost and expense. The CONTRACTOR’S responsibility for the maintenance of barricades, signs, lights and for providing watchmen shall not cease until the OWNER has accepted the project. 4-11 WATER FOR CONSTRUCTION: At the expense of the CONTRACTOR, the water required for testing and construction may be obtained by the CONTRACTOR from the water system of the OWNER by making arrangements with the City of The Colony’s Customer Services Division. 4-12 COMPETENT WORKMEN: The CONTRACTOR shall employ only competent workmen for the execution of his work and all such work shall be performed under the direct supervision of an experienced superintendent. 175 Contract Documents 1-61 4-13 SHEETING, SHORING AND BRACING: The CONTRACTOR will abide by all applicable federal, state and local laws governing excavation. Trench side slopes shall meet Occupational Safety and Health Administration (OSHA) standards that are in effect at the time of Bid Opening. Sheeting, shoring, and bracing will be required when side slope standards are not met. A pull box, meeting OSHA standards, will be acceptable. The apparent low bidder will submit detailed plans and specifications for trench safety systems that meet OSHA standards that are in effect at the time of Bid Opening when trench excavation will exceed a depth of five (5) feet. These plans will be sealed by an ENGINEER registered by the State of Texas and submitted to the City prior to formal execution of the contract. 4-14 MATERIALS: The CONTRACTOR shall furnish all new materials as shown on the plans and required by the specifications. 4-15 CONCRETE MIX DESIGN SUBMITTED FOR APPROVAL: The CONTRACTOR shall submit for the approval of the ENGINEER, prior to commencing work, concrete batch design mixes to be used in all structural concrete, showing by weight and proportion each of cement, fine aggregate, course aggregate and water to obtain a concrete of proper consistency, density and workability. 4-16 TESTING OF MATERIALS: All testing of materials required under these specifications shall be performed by an approved agency registered with the State of Texas for testing materials. The CONTRACTOR shall make the nomination of the laboratory and the payment for such services. The ENGINEER shall approve the laboratory nominated to do the testing of materials. All testing results shall be submitted to the ENGINEER prior to commencing related work for review (within 48 hours of testing). Copies of all test reports should also be provided to OWNER. 4-17 REJECTED MATERIALS: All materials which have been rejected or condemned by the inspector shall be immediately removed from the work site at the CONTRACTOR’S expense. 4-18 MATERIALS AND WORKMANSHIP: No material which has been used by the CONTRACTOR for any temporary purpose whatsoever is to be incorporated in the permanent structure. 176 Contract Documents 1-62 Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality of performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent", "proper" or "equal to" are used, they shall be understood to mean that the item referred to shall be proper, the equivalent of or equal to some other item in the opinion or judgment of the ENGINEER. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specification in connection with a material, manufactured article or process, unless a substitute shall be approved in writing by the ENGINEER, the ENGINEER shall have the right to require the use of such specifically designated material, article or process. 4-19 STORAGE: Materials delivered to the site of the work in advance of their use shall be stored so as to cause the least inconvenience to the public and in a manner satisfactory to the ENGINEER. Cement shall be stored in a suitable weather tight building, which will protect the cement from dampness. The handling and storage of aggregate shall be done in such manner as to prevent intrusion of foreign materials and segregation of sizes, and shall preferably be stored on wooden platforms, metal sheets or similar material. If stored on the ground, the sites of the stockpiles shall be grubbed clean of all vegetation and leveled off, and the bottom six inch layer of aggregate shall not be disturbed and shall not be used in the work. 4-20 BATCH PLANT REQUIREMENTS: If the CONTRACTOR plans to utilize a Batch Plant for the project, you must comply with all City of The Colony Requirements and obtain appropriate Planning and Zoning and City Council approval for the plant. There are no guarantees that the plant will be approved. Therefore, if a plant cannot be permitted, no increase in unit cost prices for concrete will be incurred by the OWNER for the use of Ready Mix Concrete on this project. A.Permits: A permit for concrete, asphalt or any other type of plant established for mixing materials for paving or building may be granted for a temporary period of time by the City Council. B. Applications: Any person, firm or corporation who desires to establish a temporary batching plant shall file an application for a permit with the Planning Director and include all applicable information necessary to allow appropriate review and approval of the application by the Development Review Committee, Planning and Zoning Commission, and City Council. C. Minimum Requirements: 177 Contract Documents 1-63 As a minimum, each application shall contain the name of the applicant, a map showing the proposed location of the plant, site layout, proposed screening, project to which the plant relates, period of time requested, utility plans and a permit exemption granted by the Texas Air Control Board. D. Time limit: Temporary batch plants shall be permitted for a period of six (6) months or until the completion of the project, whichever occurs sooner. In the event that a project should take longer than six (6) months to complete, the applicant may apply for and receive an extension for a period of six (6) months or until the completion of the project, whichever occurs sooner. As many extensions as are necessary may be granted to the applicant to complete the project. E. Public notice: Each permit application and extension shall be publicly advertised in the local newspaper to provide a minimum of ten (10) days for public review and comment. The Planning Director shall consider all public comment prior to approving or denying the permit application. 4-21 PROJECT SIGN: The CONTRACTOR shall erect at least one (1) sign for each simultaneous project location. All signs shall be in accordance with the City of The Colony Standard Drawings (see Appendix A) and shall be maintained in good condition until completion of the project. The cost of signs shall be subsidiary to the total cost of the project. Capital Improvement Signs shall become the property of the CONTRACTOR at the end of construction and shall be installed, maintained and removed at the end of the project by the CONTRACTOR at no expense to the OWNER. 4-22 MECHANICAL TAMPING: 1. All ditch lines and bore pits shall be mechanically tamped. 2. Backfill, other than select fill, may consist of on-site or off-site inorganic soils and should be placed in loose lifts 6"-8" in thickness (not to exceed 12”) and should be mechanically compacted to 95 percent of the maximum dry density as defined by ASTM D-698 (Standard Proctor) procedures under existing and proposed pavement, and to 90 percent standard proctor procedures elsewhere. The moisture content of the fill at the time of compaction should be near optimum to four percentage points above the proctor optimum value. 3. All backfill material to be select native material - 6" diameter clods and smaller unless directed otherwise on the plans or in this Bid Book and to be mechanically tamped and density controlled as described in Item No. B. above. 178 Contract Documents 1-64 4. Water jetting is not permitted. 5. Densities shall be taken every one (1) lift at staggered one hundred-foot increments. 6. All work under this Item shall be incidental to the project. 7. Densities shall be taken at typical locations in ditch lines as shown below: 0+00 0+50 1+00 1+50 2+00 2+50 3+00 X X X ||||||| X |X |X |X ||||||| |X |X |X | |||FILL AREA ||| X |X |X |X ||||||| |X |X |X | ||||||| X |X |X |X (Legend: X denotes densities.) 8. Densities shall also be taken during the backfill of each and every service line installed during the project in the same manner described in Item 7 above. If 100 feet sample staggering is not possible due to short service line length, staggering will be as directed by the City’s construction inspector for the project. 9. Density will also be taken beneath and around each and every inlet and manhole installed during the project during backfill activities. Sample staggering will be as directed by the City’s construction inspector for the project. A. MOWING: Mowing is a part of this Contract. The contractor is responsible for mowing all medians and other landscaped areas that are within the limits of the project in accordance with city ordinances until the project is accepted by the OWNER. The costs for mowing will be performed at CONTRACTORS expense at no extra cost. B. REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, which has been rejected or condemned, shall be repaired or if it cannot be repaired satisfactorily, it shall be removed and replaced at the CONTRACTOR’S expense. Defective materials shall be immediately removed from the site of the work. Work done without line and grade having been given, work done beyond the lines or not 179 Contract Documents 1-65 in conformity with the grades shown on the drawings or as given, save as herein provided, work done without proper inspection or any extra or unclassified work done without written authority and prior agreement in writing as to prices, shall be done at the CONTRACTOR’S risk, and will be considered unauthorized, and at the option of the ENGINEER, may not be measured and paid for, and may be ordered removed at the CONTRACTOR’S expense. 4-23 CONSTRUCTION IN PUBLIC ROADS AND PRIVATE DRIVES: No public road shall be entirely closed unless approved otherwise. It shall be the responsi- bility and at the expense of the CONTRACTOR to build and maintain all weather by-passes and detours that might be required on and across the roads involved in the work included in this Contract at no extra pay. Throughout the entire construction, the CONTRACTOR shall conduct his operations in such a manner that those requiring access to property adjacent to the construction shall be caused a minimum of inconvenience, and all drives shall be placed to a usable condition as soon as practicable. Property Owners or tenants of property where access and/or entrance drives are located shall be notified at least eight (8) hours prior to the time that the construction will be started at their driveways or entrances. 4-24 CLEANUP FOR FINAL ACCEPTANCE: The CONTRACTOR shall make a final cleanup of all parts of the work before final acceptance by the OWNER. This cleanup shall include, among other things, the removal of all objectionable rocks, pieces of concrete and other construction materials, and in general preparing the site of the work in an orderly manner true to original grade and appearance. Disposal shall not be made on adjacent private or public property without written permission filed with the ENGINEER. If permission is granted by the property owners, the material so disposed of is to be leveled and left in a condition satisfactory to the ENGINEER. 4-25 GENERAL NOTES: 1. All work shall be done in accordance with the City of The Colony standards and specifications which has adopted the North Central Texas Council of Governments (N.C.T.C.O.G.) "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION" along with all of the latest amendments. Copies may be obtained from the "NORTH CENTRAL COUNCIL OF GOVERNMENTS", PO Box 5888, Arlington, Texas, 76005-5888, Phone (817) 640-3300. A copy of the contract documents, plans and specifications shall be available on-site at all times by the Contractor. 2. Prior to submission of the proposal, the Contractor shall have made a careful examination of the work site, the contract documents, and all matters that may affect the cost and time for the completion of the work involved. 180 Contract Documents 1-66 3. The location and depth of all utilities shown on the plans are approximate and there may be other unknown existing utilities not shown on the plans. All existing utilities shall be field verified and protected by the Contractor prior to the start of construction. The contractor shall contact the following utility companies 72 hours prior to doing any work in the area: a) Texas One Call PH (800) 245-4545 b) City of The Colony Water Department PH (972) 624-3113 c) Oncor Electric PH (940) 497-7510 d) Atmos Energy PH (972) 881-4161 e) AT&T PH (972) 569-3010 f) Time Warner Cable PH (214) 320-5435 g) CoServ Electric PH (940) 321-7800 h) CoServ Gas PH (940)321-7800 i) DIGTESS PH (800) 344-8377 j) Grande Communications PH (940) 270-9600 4. It shall be the responsibility of the Contractor to perform the following at no additional compensation: a) Prevent any property damage to property owner's poles, fences, shrubs, mailboxes, etc. b) Provide access to all drives during construction. c) Protect all underground and overhead utilities and repair any damages. Also see General Note No. 3. d) Notify all Utility Companies and verify location of all utilities prior to the start of construction. e) Cooperate with the Utility Companies where utilities are required or specified to be relocated. f) Work in close proximity to and protect existing Utility Mains, traffic lights and poles. 5. All communication between the City and the Contractor shall be through the City Inspector only. 6. In the preparation of the plans and specifications, the Engineer has endeavored to indicate the location of existing underground utilities. It is not guaranteed that all lines or structures have been shown on the plans. 7. The Contractor shall install the Capital Improvement Project Signs as specified in Section 4-21 of the Special Conditions of Agreement as per the Engineer's specifications prior to any construction. 8. The successful Contractor shall submit a sequence of work schedule to the City of The Colony prior to commencing work and provide monthly updates until the project is completed. 9. The Contractor shall provide proper barricades and maintain traffic flow as per MUTCD at all times. 181 Contract Documents 1-67 10. Contractor is responsible for all cost involved in disposing of excess materials. The location for the disposal of construction material shall be approved by the City of The Colony Engineering division prior to the start of construction. 11. All phases of construction must be coordinated with the Engineer. Field adjustments may be necessary and will be carried out as directed by the Engineer, at no extra pay. 12. The Contractor shall verify, locate, and protect existing water, sanitary sewer, storm sewer, gas, electric and telephone mains and services and restore service in case of any damage, at no extra pay. 13. The Contractor shall contact the City of The Colony Engineering Department prior to any sign removal. Sign removal and reinstallation/relocation shall be in good condition equal to or better than existing condition, and as per the Engineer's specifications, with the cost incidental to the Project Bid Items. 14. All fences, signs, and property corner monuments removed for, or damaged during construction shall be replaced or repaired to as good a condition or with a better material than the existing as per the Engineer's specifications. Extra payment shall not be made for this work. 15. The Contractor shall relocate existing mailboxes in conflict with the proposed improvements and as specified on the plans, in good condition equal to or better than existing condition, complete in place, and with the cost incidental to the Project Bid Items. The mailboxes shall be accessible at all times for mail delivery. 16. The Contractor is responsible for all testing, with the cost incidental to the Project. 17. The Contractor shall be responsible for taking all precautions to protect existing trees outside the scope of this Project. 18. The Contractor shall be responsible for repairing any damage caused by the Contractor outside of the designated work area with equal or better quality material at the Contractor's expense. 19. The Contractor shall locate, verify working condition and protect all existing sprinkler systems lines and heads (if any). Remove, adjust and reinstall in good condition equal to or better than existing condition; replace, if in direct conflict, with the same or better quality material and appurtenances, all at no extra pay. 20. All existing grades shown on the plans are approximate and shown based on the best information available. 21. All backfill for ditch lines are to be mechanically tamped to 95% STD Proctor density (ASTM D698), at a moisture content near optimum (-1% to +3%), with the cost incidental to the project. 182 Contract Documents 1-68 22. All ditch lines shall be kept filled, as per specifications, by the end of each day at no extra pay. 23. All stations are along the centerline of the proposed pipes as shown on the plans. 24. All pipe shall be kept free of trash and dirt at all time. At the end of each day, the pipe shall be temporarily connected/sealed. 25. All trench widths for water, sanitary sewer and storm drain pipe installation shall be kept to a minimum where possible, and as per the Engineer's specifications. If working in paved street and driveway areas open to traffic the Contractor shall provide for a temporary 3" hot mix asphalt surface material pavement Type "B" of the Texas Department of Highways and Public Transportation, "1993 Standard Specifications for the Construction of Highways, Streets and Bridges", to be placed over the ditch area as per the Engineer's specifications, until the final permanent improvements are made; at no extra pay. Driveways and driveway entrances shall also be repaired with 3" hot mix asphalt at no extra pay. 26. The Contractor shall keep the existing fire hydrants in service at all times. 27. The Contractor shall maintain the existing water mains in service during all phases of construction at no extra pay. Leaks caused by the Contractor shall be repaired immediately at the Contractor's expense. Leaks along the existing water main close to the working area, caused by vibration, etc. (during working hours) shall be repaired by the Contractor with the City only providing the required parts. The City will repair all leaks if the Contractor is not on the job-site (primarily after working hours); if the leak is directly caused by the Contractor and not repaired, all charges incurred shall be billed to the Contractor. 28. All cutting and plugging of the existing water main where specified on the plans, shall include all labor, fittings and appurtenances required to perform this work, with the cost incidental to the project. If the Contractor is unable to cut and plug the existing water mains due to the water supply having not been shut down adequately to perform this work within two (2) hours, and as determined by the City Inspector, the City of The Colony Water Utilities Division will plug the water main with the Contractor supplying the required parts, with a field note on the As-built plans stating so. 29. The Contractor shall maintain the existing sanitary sewer mains and services in operation when installing the proposed sanitary sewer main. This shall include any temporary connections, if required. In areas of conflict, the cost of any sanitary sewer pumping as required shall be subsidiary to the total cost of the project. 30. The Contractor shall coordinate with the City Inspector to have the proposed sanitary sewer and/or storm drain line televised with a representative present, prior to the final acceptance of this Project. The televising shall be performed by the Contractor at Contractor's expense. Cost for televising proposed sanitary sewer and/or storm drain lines shall be subsidiary to the various bid items for sanitary sewer and/or storm drain pipe. All defects revealed shall be repaired/replaced by the Contractor prior to the final acceptance. 183 Contract Documents 1-69 31. Construction dewatering, if any, is incidental to the Project Bid Items. 32. The Contractor shall inform the City of The Colony Public Works Department through the City Inspector, in writing, a minimum of two weeks in advance of any street closing. 33. "Sheeting, Shoring and Bracing": The Contractor shall abide by all applicable federal, state and local laws governing excavation. Trench side slopes shall meet Occupational Safety and Health Administration (OSHA) Standards that are in effect at the time of Bid Opening. Sheeting, Shoring and bracing shall be provided when side slopes standards are not met. A pull box, meeting OSHA Standards, may be acceptable, unless negated by groundwater control measures. The apparent low bidder shall submit detailed plans and specifications for trench safety system that meet OSHA Standards that are in effect at the time of Bid Opening. These plans shall be sealed by an Engineer registered by the State of Texas and submitted to the City prior to the formal execution of the Contract. 34. Contractor shall conform activities to the SWPPP as specified, including installing, maintaining, and removing pollution controls, conducting and documenting inspections of pollution controls, sprinkling for dust control, maintaining spill response equipment on-site, and "good housekeeping". Pollution controls include silt fences (or straw bales), stabilized construction entrance, establishing grass, sprinkling for dust control. 35. The Contractor shall maintain the existing water mains and services in operation when installing the proposed water main. This shall include any temporary connections, if required. 36. All shrubs and landscaping disturbed during construction shall be replaced with the cost subsidiary to the total cost of the project. 37. The contractor shall field verify depth and location of all existing city utilities prior to installing the new main. 38. During construction, all drainage ditches, channels, etc. shall be kept drained, insofar as practicable, and the work shall be conducted in a neat workmanlike manner. 184 Contract Documents 1-70 SECTION 5 SPECIFIC TECHNICAL PROJECT WORK SPECIFICATIONS FOR CONSTRUCTION 185 Contract Documents 1-71 NOT APPLICABLE 186 Contract Documents 1-72 APPENDIX A – STANDARD CA 187 Contract Documents 1-73 188 Contract Documents 1-74 APPENDIX B ADDENDUM TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION 189 Contract Documents 1-75 APPENDIX B ADDENDUM TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION This addendum to the North Central Texas Council of Governments Standard Specifications for Public Works Construction – Fourth Edition, sets forth (by reference number) exceptions or requirements of the City of The Colony, Texas and thereby takes precedence over any conditions or requirements of the Standard Specifications with which it is in conflict. 101.1 The term “OWNER” shall refer to the City of The Colony, Texas. The term “OWNER’S Representative” shall refer to the City’s Engineer or other duly authorized assistant, agent, Engineer, inspector, or superintendent acting within the scope of the particular duties instructed to him or her. Add new paragraph 103.3.1.5 103.3.1.5 MAINTENANCE BONDS The Contractor shall furnish the City of The Colony with a Maintenance Bond from an approved surety company which protects the City against defective workmanship and materials for a period of two (2) years from the date of the final acceptance by the City. Where defective workmanship and/or materials are discovered requiring repairs to be made under this guarantee, all such repair work shall be done by the Contractor at his own expense within five (5) days after written notice of such defect has been given to him by the City. Should the Contractor fail to repair leaks or correct such defective workmanship and/or materials within five (5) days after being notified, the City may make the necessary repairs and charge the Contractor with the actual cost of all labor and materials required. The Maintenance Bond shall be in the amount of $50,000.00 or 10 percent (10%) of the amount of the Contract, whichever is greater, but not to exceed 100 percent (100%) of the Contract amount. The Contractor shall execute the Maintenance Bond on the forms furnished by the City. 106.5 This item shall be revised to require that testing of all materials be performed by an independent testing laboratory acceptable to the City. The Contractor shall pay the cost of all material testing including the retesting of all materials which fail the required tests. Test reports of all materials tested shall be sent to the City. 190 Contract Documents 1-76 Add a new paragraph 107.27: 107.27 RECORD DRAWINGS The Contractor shall furnish two (2) sets of prints and one mylar reproducible set of drawings marked with the location of all water and sewer services, electrical cables and any changes in the plans. All record drawings to be delivered to the City of The Colony. Add a new paragraph 109.7: 109.7 SUBSIDIARY ITEMS Only those items in the Proposal will be measured and paid for. All other items of work required to complete the project shall be considered subsidiary to the pay items in the proposal and no claims whatsoever for extra work for such subsidiary items will be considered. 202.1 Where pipelines and conduits are placed in existing lawns or landscaped areas, remove and replace topsoil sod and other plants and guarantee the survival of all plants so replaced. 203.2 Delete: “the Contractor shall have 24 hours in which to comply with the instruction of the Owner” and replace with: “the City shall have the right to remedy without notice”. 203.4.5 Removal and separation of topsoil is required unless otherwise noted. Finished grade shall be ± 0.1 feet of original grade unless otherwise noted. The Contractor is responsible for removing and disposing of all excess excavated materials. Such materials may not be left on public right-of-way or adjacent property without written permission to do so. 203.7.3 Density tests shall be performed by an independent testing laboratory and paid for by the Contractor. One Density test shall be performed for each 1000 C.Y. of embankment at a location selected by the City. The City may perform additional density tests at his expense. Density tests which fail shall be retested at the Contractor’s expense. The minimum density for embankments subjected to vehicular traffic is 95% at 0 to 2% above optimum moisture in accordance with method Tex 113 E. 301.2 Unless otherwise noted, lime treatment applied to pavement subgrade shall be at a rate of not less than 6% of the subgrade dry weight. 301.2.3.4 Dry placing of lime is allowed only with special permission of the City. 301.2.3.5.1 One gradation test shall be performed for each 300 linear feet of pavement which receives lime treatment. The City shall select the location of each test. The gradation test shall be performed by an independent testing laboratory. The cost of testing shall be borne by the Contractor. 191 Contract Documents 1-77 301.2.3.6 One density test shall be performed for each 300 linear feet of pavement. The density test shall be performed by an independent testing laboratory. The City shall select the location of each test. The cost of testing shall be borne by the Contractor. 301.3 Portland cement treatment of base and subgrade may be used only with special permission of the City. 302.9.2 Add to the second paragraph, substitute the following: If measurement for pavement is in tons of material in place and accepted, weight shall be computed at 110 lb./in – S.Y. Add the following in place of the last sentence in the first paragraph; before “MAXIMUM SIZE AGGREGATE”: 303.2.1.3.2 No more than 40% difference shall be retained between any two consecutive sieves. 303.5.4.2 Expansion joints shall be spaced at not greater than 300 feet centers. Expansion joints are required across the entire pavement width on all side of an intersection. 303.5.4.4 Sawed dummy joints shall be spaced both transversely and longitudinally at spacing’s of 15 feet, 17 feet 6 inches and 20 feet; for 6 inches, 7 inch and 8 inch pavement respectively. 303.5.6.1 A stamp or die shall be used to mark on the face of the curb or edge of pavement, the location of all of the following facilities: Facility Marking Water Valve V Water Service W Sanitary Sewer Service S For water valves, the bottom of the “V” shall point in the direction of the valve. The stamp or die shall be approved by the City. 303.8 Testing of concrete pavement shall be performed by an independent testing laboratory acceptable to the City and paid for by the Contractor. The Contractor shall furnish all materials, equipment and labor required to perform all concrete tests including but not limited to slump, air content, concrete thickness and concrete strength. One concrete air content and slump test shall be performed on each load of concrete batched or delivered to the job site. 303.8.2 One concrete thickness tests shall be performed for each 500 L.F. of concrete pavement placed. The City shall select the location of each test. 192 Contract Documents 1-78 303.8.3 Minimum pavement compressive strength shall be 4000 p.s.i. at 28 days for all streets, curbs, gutters and alleys unless otherwise noted. Air content shall be 3-5%. The Contractor shall prepare test cylinders in the number specified for “test cylinders.” 305.2.1 All concrete for sidewalks and driveway approaches shall be 4,000 psi @ 28 days. 305.2.2.2 Reinforcement is required in all driveways and walks. 305.3.1 All concrete for medians shall be 4,000 psi @ 28 days. 305.4.1 All concrete for headers shall be 4,000 psi @ 28 days. 402.4.4.1 “(c)(1) Measurement of Reinforced Concrete Pavement.” Remove/Replace of reinforced concrete pavement shall be measured at the specified trench width plus 2 feet, thickness in inches and length in linear feet. Additional reinforced concrete pavement ordered by the City to be placed will be measured as the thickness in inches; and length and width in linear feet. 402.4.9 Add Replacing Gravel Pavement on a Dirt Base. The existing gravel pavement shall be replaced with compacted flexible base, as specified in Item 301.5. The minimum thickness of flexible base shall be eight inches. The flexible base shall be measured at specific trench width only, eight inches thick, and the length measured in linear feet. 402.4.10 Add: “If the limiting ditch width occurs within 3 feet of an expansion joint, construction joint or dummy joint, the City may order the pavement removed and replaced to the existing joint. Replacement of the reinforced concrete pavement shall be the thickness measured in inches, specified ditch width plus two feet, and the length measured in linear feet. Additional reinforced concrete pavement ordered by the City to be placed will be measured as the thickness in inches, and the length and width in linear feet. 501.4.3 Bolts for flanges shall be Type 316 stainless steel. 193 Contract Documents 1-79 Add the following paragraph: 501.4.4.4 Mortar for Joints a) Inside of joint – one part Portland cement and two parts washed sand. Add only enough water to form a zero slump mixture. Mix in a mechanical mixer to a uniform consistency. b) Outside of joint – one part Portland cement and two parts washed sand. Add enough water to make the mixture flowable Mix in a mechanical mixer to a uniform consistency. Add the following paragraph: 501.4.4.5 Dielectric Bushings, Sleeves and Washers a) The dielectric bushings and sleeves shall be made from a nylon-molding compound or a nylon-base, Grade N-1, laminated thermosetting material. Washers shall be made from linen or fiber reinforced thermosetting plastics. b) The insulation for each bolt in the bolt circle shall be 1/32” thick and shall be in length equal to the thickness of the two steel flanges and the 1/8” thick insulating gasket. They shall fit the bolts snugly. c) The insulating fiber reinforced plastic washer shall be of the same diameter as the steel washers furnished with the bolt set and shall be 3/32” thick. Add the following paragraph: 501.4.4.6 For Concrete Pressure Pipe installed in casing, apply mortar support rings on at least ten (10’) foot centers on all placed pipe to be placed in encasement pipe to prevent the pipe from resting on the bells. 501.4.5.2 Design Criteria – Prestressed Concrete Cylinder Pressure Pipe AWWA C-301. The pipe manufacturer shall design the pipe to withstand the design pressure and support the trench loads with the embedment type (including the bedding angle) shown on the plans. All design shall be performed according to the Applicable Standards and according to generally accepted engineering procedures. Submit design calculations to the Engineer for review before manufacturing pipe. The following values shall be used in designing the pipe: (a) Unit weight of soil (w) = 125 lb. per cu. ft. (b) Coefficient of friction between backfill and trench wall (K u’ = 0.110) (c) Bedding angle – a = 30º 194 Contract Documents 1-80 Unless otherwise noted, pipe shall be designed for a pressure of 150 p.s.i. 501.4.6.2 Design Criteria – Ber-Wrapped Concrete Cylinder Pressure Pipe AWWA C-303. a) The pipe manufacturer shall design the pipe to withstand the design pressure and support the trench loads with the embedment type (including the E’) shown on the plans. All design shall be performed according to the Applicable Standards and according to generally accepted engineering procedures. Submit design calculations to the Engineer for review before manufacturing pipe. The following values shall be used in designing the pipe: 1) Unit weight of soil (w) = 125 lb. Per cu. Ft. 2) Coefficient of friction between backfill and trench wall (K u’ = 0.110) 3)Modulus of soil reaction – E’ = 100 Unless otherwise noted, pipe shall be designed for a pressure of 150 p.s.i. b) The manufacturer may use only 25% of the calculated composite moment of inertia of the pipe wall for C-303 pipe. The pipe shall be capable of supporting the trench loads with superimposed H-20 wheel load. Add the following paragraph: 501.5 Repair or replace pipe or fittings with the following imperfections as directed by the Engineer: (1) A piece broken out of the pipe. (2) Any crack extending entirely through the barrel of the pipe or to the steel cylinder or rods. (3) Any shattering or flaking of concrete at a crack. (4) Any excessive surface cracking due to temperature conditions. The pipe supplier shall control these cracks by adequate concrete mix, curing or preservation of moisture in pipe interior during yard storage and shipment to jobsite. 501.7.4 Change the following ASTM A325 (Type 3) to: (A 325M) (Type B). Bolts for buried flanged ends shall be Type 316 stainless steel. 195 Contract Documents 1-81 501.10 Copper Water Service Tubing (a) Copper water service tubing shall be Type K Copper. (b) Service fittings for copper water service tubing shall be as follows: (1) Corporation Stops – Mueller H15000 flared fitting or Mueller H15405 compression fitting or approved equal. (2) Branch Valve Assemblies for Double Water Services – Mueller H15362 with two H14265 angle stops or approved equal. Branch valve assemblies shall have 7 ½” centers. (3) Angle Stops for Single Water Services – Mueller H14255, or approved equal. 501.13.5 Change “one-half” to “one-third of the total number”. 501.13.7 Plates may be spray coated in the field with a minimum dry film thickness of 0.05 in. (20 mils) prior to installation. 502(see also 502.8)Polyethylene encasement meeting 502.8 is required for all cast iron and ductile iron pipe, fittings and valves. 502.1.1 Fiberglass manholes may be used only with special permission of the City. (see also 502.1.1.2)Brick manholes shall not be used. 502.1.1.1 (2)The gradation shall conform to ASTM C-14. 502.1.1.1.1 Joints shall have trapped O-ring rubber gaskets in accordance with Item 2.12.4 (c). 502.1.1.2 Fiberglass manholes may be used only with special permission of the City. 502.1.4.1.2 Tongue and groove pipe with pre-molded joint sealing compound will not be allowed for manholes. 502.3 Fire hydrants shall be Mueller Centurion or approved equal. 502.3 (see also 502.3.2)Fire hydrants shall be braced and blocked on concrete slab or stone slab not less than 4” thick unless in sound rock trench. Above grade, fire hydrants shall be painted as follows: a) Clean all surfaces to receive paint to remove all dirt, oil and other contaminants. b) Apply one 5 mil dry film thickness coating of epoxy mastic equal to Carboline 801 or Sherwin Williams B58. c) Apply two 1.5 mil dry film thickness coasts of aliphatic urethane equal to Carboline 134 or Sherwin Williams B65. 196 Contract Documents 1-82 d) Color of the urethane coatings for the barrel of the hydrant shall be ANSI 70 grey. e) Color of the urethane coatings for the bonnet of the hydrant shall be based on the largest size line within 75 feet horizontally from the hydrant according to the following table: Line Size Color 6”ANSI 70 Grey 8”Blue 12”Yellow f) All colors except grey shall be safety colors per ANSI Z53.1. Grey color shall be per ANSI Z755.1. A blue Stimsonite, Fire-Lite reflector (or approved equal) shall be placed in the center of the street opposite fire hydrants. 502.3.1.1 Scissor type main valves are not acceptable. 502.3.1.1 All accessories for mechanical joint hub shall be attached to foot when shipped. All mechanical joint gland bolts, shall be high strength, low alloy, corrosion resistant steel, and shall conform to ASTM Designation A 323, Type B. 502.3.1.1 All hydrants shall be equipped with: Two hose outlets 2 ½-inches in (6.4 cm) nominal I.D. National Standard Fire- Hose Coupling Screw Thread. One 4 ½-inch nominal I.D. National Standard Thread. 502.3.1.1 Two or more non-corrosive outlets for drainage shall be provided in the base or barrel or between the base and barrel of the hydrant. The outlet shall be an integral part of the drain valve. Drain rods independent of the main stem shall not be accepted. 502.3.1.1 Direction to open shall be counter-clockwise. 502.3.1.1 The operation nozzle cap nuts shall be 1 ½ in. point to face at base and 1 ¼ in. point to face at top. A weathercap or shield shall be furnished to protect the opening between the operating nut and the top of the bonnet. 502.3.1.3 Main valve seats shall be of such design that incorrect positioning is impossible and that the threads will be adequately guided into position. Arrangements shall also be made to hold the main valve gasket in place during assembly. The main valve shall be made of bronze and threaded into a bronze retainer ring or it may be threaded into a heavy bronze bushing in the hydrant base. 197 Contract Documents 1-83 502.3.1.5 Any flanges shall have a minimum thickness of 7/8 in. (2.2 cm). Bolt hole edge distance shall be sufficient to provide full support for the bold head and nut. 502.3.1.6 Operating stems whose threads are located in the barrel or waterway shall be of Manganese bronze, Everdur or other high quality non-corrodible metal, and all working parts in water way shall be bronze to bronze. Operating stems whose threads are not located in the barrel or water way may be made of high grade bronze or steel, and stem nuts shall be bronze. Steel stems shall have bronze, stainless steel, or other non-corrodible metal sleeve where passing through O-rings. Operating threads must be sealed against contact with the water at all times regardless of open or closed position of the main valve. 502.3.1.12 A copy of an independent certified testing laboratory test results shall be submitted regarding the flow data from hydraulic tests for head loss through the hydrant. 502.3.3 Blocking shall be included in payment for fire hydrants and shall not be paid separately. 502.5.1.3 Add the following at the end of the second paragraph: “Valve must have a positive stop to prevent damage to brass ball over opening.” In the sixth paragraph add “and 1 inch” after ¾” in the first sentence and change “streamline” to “solder.” In the seventh paragraph change “streamline” to “solder.” 502.6 The following valves types shall be used unless special permission is given to do otherwise: 502.6.6.1 Gate Valves (AWWA C 500) 12” and smaller 502.6.3 Air Valves 502.6.4 Brass Wheel Valves 3” and smaller 502.6.5 Butterfly Valves 16” and larger 502.6.2 Resilient Seat Gate Valves (AWWA C 509) 4” through 12” 502.6.1.8 Stuffing box bolts and nuts shall be Type 316 Stainless Steel. 502.6.1.14 Add: “Valves shall be sheathed in polyethylene film and tape per section 2.9.5”. 502.6.2.2 Bonnet Bolts and Nuts shall conform to AWWA Standard C509 with the following exception. All Bonnet bolts and nuts shall be Type 316 Stainless Steel. 198 Contract Documents 1-84 502.6.2.3 Valves shall have flanged, push-on, or mechanical-joint ends, or any combination of these as may be specified. Bolts for mechanical joint ends shall meet ASTM A-325M (Type B). Bolts for direct buried flanges shall be Type 316 Stainless Steel. 502.6.2.5 Stuffing Box Bolting and Nuts shall conform to AWWA Standard C509 with the following exceptions: Stuffing box bolts and nuts shall be Type 316 Stainless Steel. 502.6.2.6 Hand Wheels and Operating Nuts – All valves shall be nut operated unless otherwise shown or specified. All operating nuts shall be ductile ion or cast iron. Handwheels shall be furnished only when called for on plans or in the contract specifications. All valves shall open by turning counterclockwise. 502.6.2.16 Tests – All valves shall be tested by the manufacturer in accordance with AWWA Standard C500. Any leaking at the test pressure through any casting or between the bronze ring and the iron body shall cause the said casting to be rejected. No plugging or patching to stop any leakage shall be allowed. Add paragraph 502.6.2.17 502.6.2.17 Drawings – The manufacturer shall have on file with the City for approval a detail drawing of each type and size of valve to be furnished under these specifications. Offerings having exceptions or modifications to these specifications must be accompanied by new detailed drawings and statement of changes effected. Failure to meet these requirements shall be sufficient cause for rejection. 502.6.5.1 (7)Delete split – V packing. 502.6.5.1 (8)Discs shall be epoxy coated. 502.6.5.1 (10)Add new line: The interior of the valve shall be epoxy coated. 502.6.5.1 (11)Add new line: Valves shall be Class 150-B unless otherwise noted. 502.6.5.3 Revise to read: Valves for direct burial service shall have mechanical joint ends and exposed valves shall have flanged ends. 502.6.5.6 a) Operator shall be located on the side of the valve, suitable for buried service. b) Manufacturing Experience – Five (5) years minimum manufacturing experience is required. 502.6.6.1 Add: All valve stacks shall be of cast iron pipe or PVC pressure pipe and of one continuous piece to the finished grade. Furnish and install stainless steel valve operator extensions when operating nut is more than four (4”) feet below furnished grade. 199 Contract Documents 1-85 502.6.7 Inspection and Rejection – When requested by the City, the Contractor shall furnish test coupons on each heat of ferrous or nonferrous metal going into the valves. Such specimen shall be furnished upon sworn affidavit by the manufacture. When requested at any time, notarized reports of physical tests performed on material used in the manufacture of valves furnished hereunder shall be provided. Such reports or coupons furnished shall be identified by purchase order or contract. The material shall also be identified as to location within the valve and specification or composition. Valves may be rejected for failure to comply with all of the requirements of the specifications. 502.6.12 Bonnet bolts shall be Type 316 Stainless Steel. 502.10.3 Special Requirements for Water Service Taps on PVC Water Pipe (a) Direct tapping of PVC pipe will not be permitted. (b) Taps may be made on PVC pipe using the following devices at the Contractor’s option. (1) Service Saddles – Brass or Stainless Steel saddles – Clow Vega 3407 and 3408, Romac 101-N and 102-N. Any other service saddle must be submitted to the Engineer for approval before installing. (2) Main Line Fitting – Taps may be made in a mechanical joint plug installed in the branch of a tee. (c) All Water Services shall be marked on the end of services with a blue plastic tape with the word “Water” stamped thereon. (d) After the completion of paving, all water deadheads shall have a meter box installed by the Contractor. The type of meter box shall be as shown on the Standard Details. Add the following: 502.10.3.1.1(2)The two sections or halves type saddle may only be used on PVC pipe. Single strap clamps will not be permitted on any type pipe. 502.10.3.1.2 Only soft copper (Type K) tubing will be allowed and a curb stop will be required in lieu of a brass gate valve. 502.10.3.1.4 Direct tapping of cast iron and ductile iron pipe will be ¾” and 1” only. 502.10.3.1.5 Flanged outlets will be required for taps greater than 2”. 502.10.3.1.7 Taps must be made with a shell cutter assembly and the coupon removed. 200 Contract Documents 1-86 502.10.3.2 Tape shall also project out of the ground for one foot at a point one foot back of the curb. Services 1” and smaller in diameter up to fifty (50’) feet (15 meters) in length shall be installed with one continuous piece of water service tubing with no splices, couplings, etc. Add the following: 502.10.4 Laterals to property shall be marked under the ground surface by placing red plastic tape. The word “SEWER” shall be printed at intervals. One end shall be placed at end of lateral, the other just under the ground surface projecting at least one foot (30 cm) back of proposed or existing curb and extending out of ground for one foot. 503.3.3.2 The maximum vertical deviation from the plan grade for sanitary sewer lines shall be ½” inch per 10 feet. 503.3.3.5 In the first sentence of the sixth paragraph – after “tunnel lining shall be” add “backfilled with Class B concrete or grouted per ASTM C476. No concrete or grout shall be.” Add the following: 504.4.2.1 All construction water shall be furnished at standard commercial rates by the City from the nearest convenient City main. A water meter shall be used to determine the amount of water used. The Contractor may obtain water meters from the City after payment of a deposit. If City water is unavailable, Contractor shall be responsible for purchasing water from a local supplier or another city. The City reserves the right to designate the time of day in which water can be withdrawn from City mains. 504.5.3.2.1 Add: Excavations within five (5’) of pavement shall be considered to be influenced by vehicular traffic. The moisture content shall be 2-4% above optimum moisture. No water jetting is allowed. 504.5.3.2.1 & 504.5.3.2.2 Density tests shall be performed by an independent testing laboratory and paid for by the Contractor. One density test shall be performed for each 500 L.F. of backfill placed at a location selected by the City. The City may perform additional density tests at their expense. Density tests which fail shall be retested at the Contractor’s expense. 505.1.6 Pipe must be swabbed clean prior to placing in the ditch. 506.3 Add: Installation of Concrete Pressure Pipe (1) Pipe Laying 201 Contract Documents 1-87 b) Install pipe and fittings at the locations shown on the plans. Lay pipe to the grade shown on the shop drawings which have been reviewed by the Engineer and released for construction. The Contractor shall establish the grade in the trench from grade stakes set by the Engineer. Use a string line or laser set on the centerline of the ditch to establish trench and pipe grades. c) Minor deflections in the line may be made by unsymmetrical closure of pipe joints; however, the maximum pull shall be ¾” for sizes twelve (12”) inch through twenty-one (21”) inch and one (1”) inch for sizes twenty-four (24”) inch through forty-eight (48”) inch. Beyond these limits use short pipe sections, beveled joints or angle adaptor to make necessary line and grade changes. d) Lay pipe and fittings on specified bedding so as to be uniformly supported along its entire length. No “blocking up” of pipe or joints will be permitted. Provide bell holes to allow making the exterior joint. e) Keep the pipe clean during the laying operation and free of all sticks, dirt and trash, and at the close of each working day, seal the open end of the pipe against the entrance of all objects, especially water. 506.4 Pipe Jointing After the subgrade and embedment materials have been placed and the length of pipe has been placed in the trench, true to line and grade, thoroughly clean the bell and spigot by brushing and wiping. 506.4.1 Lubricate the rubber gasket and the inside surface of the bell with a lubricant approved by the pipe manufacturer. Snap the rubber gasket into the spigot ring groove to equalize circumferential distribution of the gasket. For pipe 18” and smaller, butter the end bell with mortar such that when the joint is made up, the mortar will completely fill the recess in the inside surface of the pipe at the joint. After the joint is engaged, clean the inside of the joint with a swab. Mortar the inside of joints of pipe eighteen (18”) inches and larger by applying mortar to the annular space by hand after the joint is made up and hand troweling the mortar smooth. Force the spigot in the bell by use of a choke chain or chain and ratcheting hoist. Do not use a backhoe or other excavating machinery to force the spigot into the bell. After the spigot is forced into the bell of the adjacent pipe, the inside recess between the ends of the pipe shall have a maximum opening of 1” and a minimum opening of ¼”. Mortar the exterior surface of the joint by placing a joint wrapper around the pipe, using a band crimping tool. The joint wrapper shall be seven (7”) inches minimum width and be hemmed on each side with steel bands. It shall encircle the pipe, leaving an opening at the top to allow placing mortar. Joint 202 Contract Documents 1-88 wrappers shall be the type and quality recommended by the pipe manufacturer. Pour liquid grout in the top of the joint wrapper in a continuous operation until the grout is completely around the pipe. During the filling of the wrapper, rod the mortar to eliminate voids. Apply a one (1”) inch coating of Portland cement mortar on all exposed steel on fittings or specials. Allow the coating to take an initial set. Wrap the mortar coating in steel wire mesh and apply a second one (1”) coating of mortar. Immediately after the mortar has set, cover the mortar with damp earth or burlap to prevent rapid moisture loss. (2) Cutting of Pipe Field cutting of pipe will not be permitted except with special permission of the Engineer. (3) Reaction Blocking and Anchorage a) Block, anchor or harness all piping subject to internal pressure to preclude separation of joints. Provide suitable reaction blocking, anchors, harnesses or other acceptable means for preventing movement of pipe caused by internal pressure for all unplugged bell and spigot or all-bell tees, Y-branches, bends deflecting 11- ¼” degrees or more, and plugs. b) Extend 2000 p.s.i. concrete blocking from the fitting to solid undisturbed earth and install so that all joints are accessible for repair. The bearing area shall be as shown on the plans. c) If adequate support against undisturbed ground cannot be obtained, install metal harness, anchorages consisting of stainless steel rods, bolts and washers across the joint and securely anchor to pipe and fitting or install other adequate anchorage facilities to provide necessary support. Should the lack of a solid vertical excavation face be due to improper trench excavation, the entire cost of furnishing and installing metal harness anchorages shall be borne by the Contractor. Welding of joints will not be permitted without special permission by the Engineer. d) Protect from corrosion all steel clamps, rods, bolts and other metal accessories used in reaction anchorages or joint harnesses subject to submergence or in direct contact with earth and not encased in concrete with two inches of wire reinforced field applied mortar cured with wet burlap bags. (5) Insulation of Dissimilar Metals Furnish and install dielectric bushings, sleeves and washers between concrete steel cylinder pipe and cast iron pip, ductile iron pipe or any 203 Contract Documents 1-89 dissimilar metal. Also furnish dielectric bushings, sleeves and washers on all blind flanges. Add the following: 506.6 Taps and blow-offs for testing and disinfection purposes of all contracts will be installed by the Contractor, at locations specified by the City, and shall not be paid for separately but shall be included in the appropriate bid item. Upon completion of the testing and purification the Contractor shall return to the job site and remove the blow-off down to the corporation stop. He shall leave the corporation stop and backfill, replacing all pavement. Removal of blow-off shall include all labor, materials, tools, equipment and incidentals necessary to complete the work, including excavation, disposal of surplus materials and backfill and shall not be paid for separately but shall be included in the appropriate bid item. 506.7 The Contractor shall furnish all labor, materials and equipment to purge, disinfect and test the completed waterline. Bacteriological test samples shall be collected and tested by an independent testing laboratory approved by the City. The cost of testing shall be borne by the Contractor. 506.9 A commercially available magnetic tape shall be installed 12” above the top of all PVC water pipe. Magnetic tape shall be blue in color and have the wording “Caution Water Line Buried Below” displayed prominently and continuously along the tape. The ends of the magnetic tape shall be brought up inside each main line valve box. 507.5 Visual inspection of sanitary sewers is required. The contractor shall furnish one copy of the videotape of the sewer inspection in VHS format to the City. Add the following: 507.5.1.1 The rate of infiltration or exfiltration for manhole testing shall not exceed one tenth of a gallon per hour per foot of height. 507.5.1.4.1 Deflection testing shall be performed not sooner than 30 days from date the backfill is completed unless the entire backfill is compacted to 95% Standard Proctor density or better. 702.2.4.1 All structural concrete shall be Class C. 702.2.4.1(7)Testing of structural concrete strength shall be performed by an independent testing laboratory acceptable to the City and paid for by the Contractor. The Contractor shall furnish all materials, equipment and labor required to perform all concrete tests including but not limited to slump, air content and concrete test beams or cylinders. Add the following to the first paragraph: 702.4.13 No water or dry cement shall be added to surface of concrete for finishing. 204 Contract Documents 1-90 702.5 Add the following sentence to the end of 702.5: All concrete to be used in precast products for drainage structures shall come from plans certified by the National Precast Concrete Association. 702.6.1 Pneumatically Placed Concrete may be used only where specifically called for on the plans or where special permission has been obtained from the City. 801.4.3.1 Delete the last sentence in the paragraph and replace with: The Contractor shall locate the position of work according to plans. 802.1.1 All concrete for concrete steps shall be 4,000 psi @ 28 days. 802.2.1 All concrete for retaining walls shall be 4,000 psi @ 28 days. Add the following: 802.4.3.2 2000 p.s.i. concrete will be used in inaccessible locations when a mechanical device cannot compact to required densities and as directed by the City, i.e.: under pipes, road washouts, under paving, etc. Backfill shall be placed and compacted in not greater than 6” layers. The minimum backfill density shall be 95% at 0 to 2% above optimum moisture for all backfill subject to vehicular traffic. All other backfill shall be placed at a density equal to adjacent, undisturbed soil. Backfill density tests shall be determined in accordance with ASTM D698 by an independent testing laboratory selected by the Contractor and acceptable to the City. The Contractor shall pay for all costs of testing backfill densities. One density test shall be performed at each location for each 500 C.Y. of backfill placed. The location of the backfill test shall be selected by the City. The City may perform additional backfill density tests at his expense. The Density tests which fail shall be retested at the Contractor’s expense. 803.3.4 Measurement of rip-rap will be based on specified trench width plus 2 feet. In the event of excessive excavation, the Contractor will be required to rip-rap the entire excavation plus 1 foot on both sides at his expense. Add the following: 805.2.2 All supplied extra material to make systems operational must be shown on “As-built” drawings with copies provided to the City. 805.4 Delete the entire fifth paragraph beginning with “Unless otherwise specified…. ” 205 Contract Documents 1-91 APPENDIX C – GEOTECHNICAL STUDY 206 Contract Documents 1-92 APPENDIX D – ADDENDA 207 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2020 - _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT BETWEEN THE CITY OF THE COLONY AND CROSSLAND HEAVY CONTRACTORS, INC. FOR THE WYNNWOOD PUMP STATION PIPING MODIFICATION AS SPECIFIED IN THE ATTACHED EXHIBIT; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Council of the City of The Colony, Texas finds it the best interest of its citizens to authorize a construction contract between the City of The Colony and Crossland Heavy Contractors, Inc., for the Wynnwood Pump Station Piping Modifications; as specified in the attached “Exhibit”, and under the terms and conditions provided therein. Section 2.That the City Council hereby approves authorizing the City Manager to execute the maintenance agreement. Section 3.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 15th day of December 2020. ___________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: _______________________________ Tina Stewart, TRMC, City Secretary APPROVED AS TO FORM: _______________________________ Jeff Moore, City Attorney 208 Agenda Item No:5.8 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Eve Morgan Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a Contract Amendment with RoeschCo Construction, Inc. to include construction of the Stewart Creek Park entry lane, concrete roadway for gate loops and kiosk islands in the amount of $72,764.19 with funding from the Lake Parks account. (Morgan) Suggested Action: Attachments: CC agenda - Entry Kiosk and Entry Lane.pdf Financial Summary.pdf C-G Trail - SCP AP - CA#1 - Contract.pdf C-G Trail - SCP APS - CA#1 - Exhibit A.pdf Res. 2020-xxx RoeschCo Construction - Stewart Creek Park.docx 209 Stewart Creek Park Automated Park Entry System/Extra Entry Lane City Council December 15, 2020 SUBJECT Consider approving a resolution authorizing the City Manager to execute an Amendment of Contractor’s Contract with RoeschCo Construction, Inc. to include construction of the Stewart Creek Park entry lane, concrete roadway for gate loops and kiosk islands in the amount of $72,764.19 with funding from the Lake Parks account. HISTORY The Stewart Creek Park Automated Park Entry System/Extra Entry Lane project was included in the 2019/2020 Lake Parks budget. PURPOSE This park has seen increased visitors over the past few years and during peak times, access into the park is slow due to visitor interaction at the gate house. Staff created a temporary extra lane adjacent to the existing lane at the gate house, specifically for season pass holders to enter the park without having to wait in line for day visitors to pay at the gate house. This has been a successful temporary fix while staff researched vendors for the automated entry system. Staff has selected a vendor and ordered the system. The amendment to the contractor’s contract would construct the permanent extra lane, concrete roadway for gate loops and the kiosk islands. RoeschCo Construction, Inc. is under contract with the City for the construction of the Cascades/Grandscape Trail project. The contract amount for the Cascades/Grandscape Trail project is $1,313,484.20. The addition of the Stewart Creek Park entry lane, concrete roadway for gate loops and kiosk islands is less than 25% of that contract. RECOMMENDATION Staff recommends approving a resolution authorizing the City Manager to execute an Amendment of Contractor’s Contract with RoeschCo Construction, Inc. for the construction of the Stewart Creek Park entry lane, concrete roadway for gate loops and kiosk islands in the amount of $72,764.19 with funding from the Lake Parks account. 210 Financial Summary: Are budgeted funds available? ☒ Yes ☐ No Amount available: $73,000.00 Fund(s) (Name and number): 2019/2020 Automated Park Entry System/Extra Entry Lane funds available $20,000.00 Funds used from Lake Park closed project account balance: $53,000.00 TOTAL FUNDS AVAILABLE FOR CONTRACT AMENDMENT $73,000.00 Cost of contract amendment: $72,764.19 Total estimated project cost: $ 1,313,484.20 Total Contract Amount $ 72,764.19 Total Contract Amendment $ 1,386,248.39 Total New Contract Amount Note: $ 328,371.05 equals 25% of Original Contract Amount 211 Cascades/Grandscape Trail - CA#1 - Contract STATE OF TEXAS ) COUNTY OF DENTON ) AMENDMENT OF CONTRACTOR’S CONTRACT THIS agreement is by and between the City of The Colony, Texas, a Texas home rule municipality, and RoeschCo Construction, Inc. hereinafter known as Contractor, a Texas corporation and construction firm, with principal offices located in the state of Texas. WHEREAS, the City and Contractor have entered into an agreement such that the Contractor is to provide the following services: Cascades/Grandscape Trail. WHEREAS, the above referenced agreement provides that if there is a change in scope or focus of the activities in the contract, or if it is necessary for the Contractor to do additional work such that there is a significant additional cost or expense to the City, it is necessary for the City to approve such work and/or for the parties to change the contract; WHEREAS, the parties recognize that it is necessary for Contractor to do additional or reduced work under the contract, such work which is set out in the attached Exhibit “A”, which is attached hereto and incorporated herein as if set out in full herein; and WHEREAS, with this Contract Amendment the City of The Colony is hereby approving such additional work and agreeing to increase the contract amount by the sum of $72,764,19. NOW, THEREFORE, for and in consideration of the mutual acts and covenants set out herein, the parties agree as follows: 1. Contractor, in addition to the work to be performed in the Contract dated November 17, 2020 shall perform the task(s) described in the attached Exhibit “A”, basically described as additional services, including construction of a concrete entry lane, concrete roadway for gate loops and kiosk islands at Stewart Creek Park. 2. The amount to be paid to RoeschCo Construction, Inc. under such contract shall be increased by the sum of $72,764.19, to reflect the work described in Exhibit “A”. 3. This shall constitute an Authorization for a Change in Work as set out in the agreement between the parties, and an amendment to such contract. All of the terms and conditions of the original contract shall remain in full force and effect, as amended hereto, unless set out otherwise herein. 212 Cascades/Grandscape Trail - CA#1 - Contract Signed and effective on this the day of . CITY OF THE COLONY, TEXAS By: Printed Name: Title: ATTEST: CITY SECRETARY RoeschCo Construction, Inc., CONTRACTOR By: Printed Name: Title: 213 1 of 3 CITY OF THE COLONY DENTON COUNTY, TEXAS PARKS AND RECREATION DEPARTMENT CASCADES/GRANDSCAPE TRAIL CONTRACT AMENDMENT FORM – EXHIBIT “A” DATE: December 9, 2020 Contract Amendment No. 1 to the Contract Dated November 17, 2020 between the City of The Colony (Owner) and RoeschCo Construction, Inc. (Contractor) for Road and Infrastructure associated with the Automated Park Entry System at Stewart Creek Park, including: construction of a concrete entry lane, concrete roadway for gate loops and kiosk islands at Stewart Creek Park. Pursuant to the provisions of Section 2, Page 1-37, Article 8.13 of the Contract Documents, this Supplemental Agreement, when fully executed, shall constitute the authority to change the work of the project as follows, including quantities and total dollars: Contract Amendment Explanation: In the course of construction, the City elected to add the Stewart Creek Park Automated Park Entry System Project to this contract. Add the Following Bid Items: Section IA – Paving and Drainage Item No. Contract Quantity Add/Deduct Quantity Revised Quantity Unit Description and Price in Words Unit Price Additional Cost CA1-1 0 1 1 LS Mobilization and Demobilization, Testing and Site Barricades, work fully performed, complete in place for the sum of Four Thousand One Hundred Seventy-Seven Dollars and Ninety-Five Cents per LS. $4,177.95 $4,177.95 CA1-2 0 1 1 LS Demolition and Earthwork, work fully performed, complete in place for the sum of Five Thousand Nine Hundred Thirty-One Dollars and Seventy Cents per LS. $5,931.70 $5,931.70 CA1-3 0 1 1 LS Concrete Paving, Entry Lane Extension and Gate Assembly Foundations, work fully performed, complete in place for the sum of Fifty-Nine Thousand Two Hundred Four Dollars and Fifty- Four Cents per LS. $59,204.54 $59,204.54 CA1-4 0 1 1 LS Gate Assembly Conduit Installations, work fully performed, complete in place for the sum of _Three Thousand Four Hundred Fifty Dollars and zero Cents per LS. $3,450.00 $3,450.00 214 2 of 3 SUBTOTAL SECTION CA1 – STEWART CREEK PARK ITEMS $72,764.19 TOTAL CONTRACT AMENDMENT NO. 1 $72,764.19 Original Amount of Contract $ 1,313,484.20 Total Amount of Contract Amendment No. 1 $72,764.19 Contract Amount after Contract Amendments $1,386,248.39 Requested Additional Number of Calendar Days to Be Considered Prior to the Final Payment Sixteen (16) Calendar Days. The Contract Start Time and "Notice to Proceed" for this project is December 16, 2020. The Contract End Time for the project will be no later than January 15, 2021. With approval of Contract Amendment No. 1 the Contract End Time shall be amended to no later than June 21, 2021. 215 3 of 3 Please sign and return this contract amendment to the Engineering Department as soon as possible so future payments may be processed. Thank You. City of The Colony’s offer of proposed change: BY: Printed Name: ________________________ Date: _______________ Title: Contractor: RoeschCo Construction, Inc. BY: ________________________________ Date: _______________ Printed Name: Title: Engineer: Halff Associates, Inc. BY: ________________________________ Date: _______________ Printed Name: Jacob T. Hays, P.E. Title: Project Manager 216 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2020 - ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION SERVICES CONTRACT AMENDMENT BETWEEN THE CITY OF THE COLONY AND ROESCHCO CONSTRUCTION, INC., TO INCLUDE CONSTRUCTION OF THE STEWART CREEK PARK ENTRY LANE, CONCRETE ROADWAY FOR GATE LOOPS AND KIOSK ISLANDS; AND PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.That the City Manager of the City of The Colony, Texas is hereby authorized and empowered to execute a contract amendment in the amount of $72,764.19 to the Construction Services Contractby the City Council of the City of The Colony, Texas, and Roeschco Construction, Inc., for the construction to include Stewart Creek Park entry lane, concrete roadway for gate loops and kiosk islands. Section 2. That a true and correct copy of the amendment is attached hereto and incorporated herein as Exhibit “A”. Section 3.This resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 15th day of December 2020. _____________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: _______ Jeff Moore, City Attorney 217 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Discuss and elect Mayor Pro Tem and Deputy Mayor Pro Tem according to the Code of Ordinances, Chapter 2, Section 2-4 (b). (Council) Suggested Action: Sec. 2-4. - Same - Election of the mayor pro tem and deputy mayor pro tem. (a) The city council shall elect a mayor pro tem and deputy mayor pro tem at its first regular meeting in December of each year. (b) During election years, in the event city council has not been elected due to a run-off election between candidates, the city council shall, at its first regular meeting completion of the municipal run-off election, elect one of its members of the city council to serve as mayor pro tem and deputy mayor pro tem. Attachments: 218 Agenda Item No:6.2 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Discuss and consider making appointments to the Tax Increment Reinvestment Zone Number One Board of Directors for terms expiring December 2020. (Council) Suggested Action: Section 3 of the City of The Colony Ordinance No. 2011-1926 creates a nine (9) member board of directors for the TIRZ five (5) board members' terms expire December of 2020. Attachments: TIRZ #1.doc 219 Updated: December 2019 TAX INCREMENT REINVESTMENT ZONE NO. 1 TERM NAME PLACE ORIG.APPOINTMENT EXPIRES Joe McCourry 1 2011 12-20 Richard Boyer, Chair 2 2011 12-20 Troy Powell 3 2011 12-20 Tim Miller, Secretary 4 2011 12-20 Allen Harris, Treasurer 5 2011 12-20 Joel Marks 6 2011 12-21 Perry Schrag 7 2011 12-21 Commissioner Ron Marchant 8 2011 12-21 1029 W. Rosemeade Parkway County appoints Carrollton, TX 75007 Commissioner Barry Jordan 9 2018 12-21 1819 Addington Drive County appoints Carrollton, TX 75007 Terms: 2 years, staggered Members: 9 Designated area is Grandscape. 220 Agenda Item No:6.3 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Discuss and consider appointing a member of the Tax Increment Reinvestment Zone Number One Board of Directors to serve as Chairman for a one year term. (Council) Suggested Action: Attachments: Sec. 3 of TC Ordinance No. 2011-1926.pdf 221 222 Agenda Item No:6.4 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Discuss and consider making appointments to the Tax Increment Reinvestment Zone Number Two Board of Directors for terms expiring December 2020. (Council) Suggested Action: Section 3 of the City of The Colony Ordinance No. 2013-2034 creates a nine (9) member board of directors for the TIRZ. Four (4) board members terms expire December 2020. Attachments: TIRZ #2.doc 223 Updated December 2019 TAX INCREMENT REINVESTMENT ZONE NO. 2 TERM NAME PLACE ORIG.APPOINT EXPIRES Joe McCourry 1 12-13 12-21 Richard Boyer, Chair 2 12-13 12-21 Kirk Mikulec 3 12-13 12-21 Troy Powell 4 12-13 12-20 Tim Miller 5 12-13 12-20 Joel Marks, Secretary 6 12-13 12-20 David Terre 7 12-14 12-20 Kristian Teleki 8 12-13 12-21 320 W. Main Lewisville, TX 75057 . Kathy Cunningham 9 12-13 12-21 320 W. Main Lewisville, TX 75057 Terms: 2 years, staggered Members: 9 Created by Ord No. 2013-2034, December 3, 2013 Designated Area is The Tribute 224 Agenda Item No:6.5 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Discuss and consider appointing a member of the Tax Increment Reinvestment Zone Number Two Board of Directors as Chairman for a one year term. (Council) Suggested Action: Section 3 of the City of The Colony Ordinance No. 2011-1926 creates a nine (9) member board of directors for the TIRZ. Section 3 also stipulates that the city council appoint a member of the board to serve as chairman for a one year term. Attachments: Sec. 3 of TC Ordinance No. 2013-3034.pdf 225 226 Agenda Item No:6.6 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Discuss and consider making appointments to the Local Development Corporation Board of Directors for terms expiring December 2020. (Council) Suggested Action: Article XII of the Articles of Incorporation for The Colony Local Development Corporation identify the nine (9) initial directors of the corporation and their term expiration dates. Five (5) members have terms expiring in December 2020. Attachments: LDC.doc 227 Updated December 2019 LOCAL DEVELOPMENT CORPORATION TERM NAME PLACE ORIG.APPOINT/RE-APPOINT EXPIRES Joe McCourry 1 11-11 12-20 Richard Boyer, Chair 2 11-11 12-20 Brian Wade 3 12-16 12-20 Troy Powell, Treasurer 4 11-11 12-20 Tod Maurina 5 11-11 12-20 David Terre, Secretary 6 11-11 12-21 Kirk Mikulec, Vice-Pres. 7 11-11 12-21 Perry Schrag 8 11-11 12-21 Joel Marks 9 11-11 12-21 Terms: 2 years, staggered Members: 9 228 Agenda Item No:6.7 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Discuss and consider appointing a member of the Local Development Corporation Board of Directors to serve as Chairman for a one year term. (Council) Suggested Action: Article II, Section I of the By-laws of the Local Development Corporation states that the city council shall appoint the chairman/president. Attachments: Article II Sec. I of Bylaws.pdf 229 230 231 Agenda Item No:6.8 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Discuss and consider a resolution approving bylaws of The Colony Hotel Development Corporation. (Council) Suggested Action: Attachments: Bylaws - The Colony Hotel Development Corporation.docx Res. 2020-xxx Hotel Development Corporation Bylaws.docx 232 BYLAWS OF THE COLONY HOTEL DEVELOPMENT CORPORATION A Texas Local Government Corporation Date of Adoption: December 15, 2020 233 TABLE OF CONTENTS Page -i- ARTICLE I PURPOSES AND POWERS...........................................................................1 Section 1.Purpose.......................................................................................................1 Section 2.Formation...................................................................................................1 Section 3.Powers........................................................................................................1 Section 4.Nonprofit Corporation ...............................................................................1 ARTICLE II BOARD OF DIRECTORS..............................................................................2 Section 1.Appointment, Classes, Powers, Number, and Term of Office...................2 Section 2.Meetings of Directors ................................................................................2 Section 3.Annual Meetings........................................................................................2 Section 4.Regular Meetings.......................................................................................3 Section 5.Special and Emergency Meetings..............................................................3 Section 6.Quorum and Action of the Board...............................................................3 Section 7.Participation by Conference Telephone.....................................................3 Section 8.Conduct of Business ..................................................................................3 Section 9.Compensation of Directors........................................................................4 Section 10.Director's Reliance on Consultant Information .........................................4 ARTICLE III OFFICERS.......................................................................................................4 Section 1.Titles and Term of Office ..........................................................................4 Section 2.Powers and Duties of the Chairperson.......................................................4 Section 3.Powers and Duties of the Vice Chairperson..............................................4 Section 4.Treasurer....................................................................................................4 Section 5.Secretary ....................................................................................................5 Section 6.Officer's Reliance on Consultant Information...........................................5 ARTICLE IV MISCELLANEOUS PROVISIONS................................................................5 Section 1.Fiscal Year.................................................................................................5 Section 2.Notice and Waiver of Notice.....................................................................5 Section 3.Resignations...............................................................................................6 Section 4.Gender........................................................................................................6 Section 5.Appropriations and Grants.........................................................................6 234 TABLE OF CONTENTS (continued) Page -ii- ARTICLE V INDEMNIFICATION OF DIRECTORS AND OFFICERS...........................6 Section 1.Right to Indemnification............................................................................6 Section 2.Advance Payment......................................................................................6 Section 3.Indemnification of Employees and Agents................................................7 Section 4.Appearance as a Witness ...........................................................................7 Section 5.Non-exclusivity of Rights..........................................................................7 Section 6.Insurance....................................................................................................7 Section 7.Notification................................................................................................7 Section 8.Savings Clause...........................................................................................8 ARTICLE VI CODE OF CONDUCT....................................................................................8 ARTICLE VII AMENDMENTS.............................................................................................8 ARTICLE VIII CONFLICTS ...................................................................................................8 235 -1- BYLAWS OF THE COLONY HOTEL DEVELOPMENT CORPORATION ARTICLE I PURPOSES AND POWERS Section 1.Purpose. The ColonyHotel Development Corporation (the “Corporation”) is organized for the purposes set forth in Article IV of its Articles of Incorporation, as the same may be amended from time to time, with such purposes to be accomplished on behalf of the city of The Colony, Texas (the “City”) as the City’s duly constituted authority and instrumentality in accordance with the Subchapter D of Chapter 431, Texas Transportation Code, as amended (the “Act”), and other applicable laws. Section 2.Formation. The Corporation is formed pursuant to the provisions of the Act, and, to the extent provided by the Act, Chapter 394, Texas Local Government Code, as amended (the “Local Government Code”), which authorizes the Corporation to assist and act on behalf of the City and to engage in activities in the furtherance of its authorized purposes. Section 3.Powers. The Corporation shall have and exercise all of the rights, powers, privileges, authority, and functions given by the general laws of the State to nonprofit corporations incorporated under the Act including, without limitation, all powers not in conflict with the Act granted to domestic nonprofit corporations by the Texas Nonprofit Corporation Law, as defined by Section 1.008 of the Texas Business Organizations Code, to the extent necessary to carry out its authorized purposes, including, but not limited to, the power to acquire land and enter into a sale, loan, lease, grant, transfer, trust, operating, or other agreement as authorized by the Act. The Corporation shall have all other powers of a like or different nature not prohibited by law which are available to non-profit corporations in the State and which are necessary or useful to enable the Corporation to perform its authorized purposes, including the power to issue bonds, notes or other obligations, and otherwise exercise its borrowing power to accomplish its authorized purposes, provided that the Corporation shall not issue bonds or notes without the consent of the City Council of the City (the “City Council”). The Corporation is created as a local government corporation pursuant to the Act and shall be a governmental unit within the meaning of Section 101.001, as amended, Texas Civil Practice and Remedies Code. The operations of the Corporation are governmental and not proprietary functions for purposes of the Texas Tort Claims Act, as amended, Chapter 101, Texas Civil Practice and Remedies Code. Section 4.Nonprofit Corporation. The Corporation shall be a public, nonprofit corporation, and no part of its net earnings remaining after payment of its bonds and expenses shall inure to the benefit of any person other than the City. 236 -2- ARTICLE II BOARD OF DIRECTORS Section 1.Appointment, Classes, Powers, Number, and Term of Office. All powers of the Corporation shall be vested in the Board of Directors (the “Board”). The Board shall consist of nine (9) persons who shall have the qualifications contained in the Articles of Incorporation. Directors of the Corporation (“Director” or “Directors”) shall be appointed to the Board by the City Council. The term of service for a Director other than an initial Director, whose initial term is specified in Article XII the Corporation’s Articles of Incorporation, is two (2) years. Each Director shall serve for the term for which he or she is appointed and until his or her successor shall have been appointed or until his or her earlier death, resignation, retirement, disqualification, or removal. Any Director whose term shall have expired may be appointed to succeed himself/herself. The City Council may, by resolution, remove one or more Directors, with or without cause, and may appoint a new, qualified Director or Directors to fill the remainder of the term. The directors constituting the initial Board shall be those directors named in the Articles of Incorporation. Successor directors shall have the qualifications and shall be appointed to the terms set forth herein. In case of a vacancy in the Board through death, resignation, disqualification, or other cause or incapacity, a successor to hold office shall be appointed by the City Council. Subject to the approval of the City Council, the Board may increase or decrease the number of the persons who make up the Board; provided, however, that such number shall never be less than five (5). In accordance with the Act, at all times a majority of the Directors on the Board shall reside within the City. The City Council may, by resolution, remove one or more of the Directors, with or without cause. The City Council may appoint a new, qualified Director or Directors provided at least two of the nine Directors are qualified based on the ownership criteria described above. The Chairperson/President of the Board (the “Chairperson”) shall be appointed by the City Council. Section 2.Meetings of Directors. The Directors may hold their meetings and may have an office and keep the books of the Corporation at such place or places within the City as the Board may from time to time determine; provided, however, in the absence of any such determination, such place shall be the registered office of the Corporation in the State. The Board shall meet in accordance with and file notice of each meeting of the Board for the same length of time and in the same manner and location as is required of a City under Chapter 551, as amended, Texas Government Code (the “Open Meetings Act”). The Corporation, the Board, and any committee of the Board exercising the powers of the Board are subject to Chapter 552, as amended, Texas Government Code (the “Texas Public Information Act”). The City Secretary has the primary responsibility for carrying out the duties required by the Texas Public Information Act, and is hereby designated the public information coordinator for purposes of the Texas Public Information Act. Section 3.Annual Meetings. The annual meeting of the Board shall be held during the month of August of each year. The Board shall designate the time and the location of the annual meeting which shall be within the City. 237 -3- Section 4.Regular Meetings. Regular meetings of the Board shall be held at such times and places as shall be designated, from time to time, by resolution of the Board. Section 5.Special and Emergency Meetings. Consistent with the Open Meetings Act, special and emergency meetings of the Board shall be held whenever called by the Chairperson, the Secretary of the Board, or by a majority of the Directors who are serving duly appointed terms of office at the time the meeting is called. The Secretary of the Board shall give notice of each special meeting in person, by telephone, telecopier, mail, electronic mail or telegraph at least two (2) hours before the meeting to each Director. Notice of each emergency meeting shall also be given in the manner required of the City under Section 551.045 of the Texas Open Meetings Act. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a special or emergency meeting. At any meeting at which every Director shall be present, even though without any notice, any matter pertaining to the purposes of the Corporation may be considered and acted upon to the extent allowed by the Texas Open Meetings Act. Section 6.Quorum and Action of the Board. A simple majority of the Board shall constitute a quorum for the consideration of matters pertaining to the purposes of the Corporation. If at any meeting of the Board there is less than a quorum present, a majority of those present may adjourn the meeting from time to time. The act of a majority of the Directors present and voting at a meeting at which a quorum is in attendance shall constitute the act of the Board, unless the act of a greater number is required by law, by the Articles of Incorporation, or by these Bylaws. A Director who is present at a meeting of the Board at which any corporate action is taken shall be presumed to have assented to such action, unless his or her dissent shall be entered in the minutes of the meeting or unless he or she shall file his or her written dissent to such action with the person acting as the secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the Secretary of the Board immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Director who voted in favor of the action. Section 7.Participation by Telephone Conference and Videoconference. In accordance with the Open Meetings Act, members of the Board or members of any committee designated by the Board may participate in and hold a meeting of the Board or such committee by means of telephone conference, video conference or similar communications equipment to the same extent as a governmental body within the meaning of the Open Meetings Act, and participation in such a meeting shall constitute presence in person at such meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened. Notice of such meeting shall be given in accordance with the Open Meetings Act. Section 8.Conduct of Business. At the meetings of the Board, matters pertaining to the purposes of the Corporation shall be considered in such order as from time to time the Board may determine. At all meetings of the Board, the Chairperson shall preside, and in the absence of the Chairperson, the Vice Chairperson shall preside. In the absence of the Chairperson and the Vice Chairperson, a chairperson shall be chosen by the Board from among the Directors present. The Secretary of the Board shall act as secretary of all meetings of the Board, but in the absence of the Secretary, the presiding officer may appoint any person to act as secretary of the meeting. 238 -4- Section 9.Compensation of Directors. Directors, as such, shall not receive any salary or compensation for their services as Directors. However, Directors shall be reimbursed for their actual expenses incurred in the performance of their official duties as Directors. Section 10.Director's Reliance on Consultant Information. A Director shall not be liable if while acting in good faith and with ordinary care, he or she relies on information, opinions, reports, or statements, including financial statements and other financial data, concerning the Corporation or another person, that were prepared or presented by: (a)one or more other officers or employees of the Corporation; (b)legal counsel, public accountants, the operator or the developer of the Project, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence; or (c)a committee of the Board of which the Director is not a member. ARTICLE III OFFICERS Section 1.Titles and Term of Office. The officers of the Corporation shall be a Chairperson/President, a Vice Chairperson/Vice President, a Secretary, a Treasurer, and such other officers as the Board may from time to time elect or appoint. One person may hold more than one office, except that the Chairperson shall not hold the office of Secretary. The Board, at its organizational meeting and annually thereafter, shall elect officers, excluding the Chairperson/President. All officers (other than the Chairperson) shall be subject to removal, with or without cause, at any time by a vote of a majority of the whole Board. A vacancy in the office of any officer (other than the Chairperson) shall be filled by the Board. Section 2.Powers and Duties of the Chairperson. The Chairperson shall be a member of the Board and shall preside at all meetings of the Board. He or she shall have such duties as are assigned by the Board. The Chairperson may call special or emergency meetings of the Board. Section 3.Powers and Duties of the Vice Chairperson. The Vice Chairperson shall be a member of the Board. The Vice Chairperson shall perform the duties and exercise the powers of the Chairperson upon the Chairperson's death, absence, disability, or resignation, or upon the Chairperson's inability to perform the duties of his or her office. Any action taken by the Vice Chairperson in the performance of the duties of the Chairperson shall be conclusive evidence of the absence or inability of the Chairperson to act at the time such action was taken. Section 4.Treasurer. The Treasurer shall have custody of all the funds and securities of the Corporation which come into his or her hands. When necessary or proper, he or she may endorse, on behalf of the Corporation, for collection, checks, notes and other obligations and shall deposit the same to the credit of the Corporation in such bank or banks or depositories as shall be designated in the manner prescribed by the Board; he or she may sign all receipts and vouchers for payments made to the Corporation, either alone or jointly with such other officer as is designated by the Board;whenever required by the Board; he or she shall enter or cause to be entered regularly 239 -5- in the books of the Corporation to be kept by him or her for that purpose full and accurate accounts of all moneys received and paid out on account of the Corporation; he or she shall perform all acts incident to the position of Treasurer subject to the control of the Board; and he or she shall, if required by the Board, give such bond for the faithful discharge of his or her duties in such form as the Board may require. The Treasurer of the Corporation need not be a member of the Board and may be an elected officer, an appointed officer, or an employee of the City. Section 5.Secretary. The Secretary shall keep the minutes of all meetings of the Board in books provided for that purpose; he or she shall attend to the giving and serving of all notices; in furtherance of the purposes of the Corporation and subject to the limitations contained in the Articles of Incorporation, he or she may sign with the Chairperson in the name of the Corporation and/or attest the signatures thereof, all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments of the Corporation; he or she shall have charge of the Corporation's books, records, documents and instruments, except the books of account and financial records and securities of which the Treasurer shall have custody and charge, and such other books and papers as the Board may direct, all of which shall at all reasonable times be open to the inspection of any Director upon application at the office of the Corporation during business hours; and, he or she shall in general perform all duties incident to the office of Secretary subject to the control of the Board. Section 6.Officer's Reliance on Consultant Information. In the discharge of a duty imposed or power conferred on an officer of the Corporation, the officer may in good faith and with ordinary care rely on information, opinions, reports, or statements, including financial statements and other financial data, concerning the Corporation or another person, that were prepared or presented by: (a)one or more other officers or employees of the Corporation, including members of the Board; or (b)legal counsel, public accountants, the operator or the developer of the Project, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence. ARTICLE IV MISCELLANEOUS PROVISIONS Section 1.Fiscal Year. The fiscal year of the Corporation shall be the same as the fiscal year of the City. Section 2.Notice and Waiver of Notice. Whenever any notice whatever is required to be given under the provisions of these Bylaws (other than a notice required by the Open Meetings Act), such notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the person entitled thereto at his or her post office address, as it appears on the books of the Corporation, and such notice shall be deemed to have been given on the day of such mailing. A waiver of notice, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. 240 -6- Section 3.Resignations. Any Director or officer may resign at any time. Such resignation shall be made in writing to any officer of the Board. Said resignation shall not become effective until a successor has been elected or appointed and duly qualified. Section 4.Gender. References herein to the masculine gender shall also refer to the feminine in all appropriate cases, and vice versa. Section 5.Appropriations and Grants. The Corporation shall have the power to request and accept any appropriation, grant, contribution, donation, or other form of aid from the federal government, the State, any political subdivision, or municipality in the State, or from any other source. ARTICLE V INDEMNIFICATION OF DIRECTORS AND OFFICERS Section 1.Right to Indemnification. Subject to the limitations and conditions as provided in this Article V and the Articles of Incorporation, each person who was or is made a party or is threatened to be made a party to or is involved in any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, arbitrative or investigative (hereinafter a “proceeding”), or any appeal in such a proceeding or any inquiry or investigation that could lead to such a proceeding, by reason of the fact that he or she, or a person of whom he or she is the legal representative, is or was a Director or officer of the Corporation or while a Director or officer of the Corporation is or was serving at the request of the Corporation as a director, officer, partner, venturer, proprietor, trustee, employee, agent or similar functionary of another foreign or domestic corporation, partnership, joint venture, sole proprietorship, trust, employee benefit plan or other enterprise shall be indemnified by the Corporation to the fullest extent permitted by applicable law, as the same exists or may hereafter be amended (but, in the case of any such amendment, only to the extent that such amendment permits the Corporation to provide broader indemnification rights than said law permitted the Corporation to provide prior to such amendment) against judgments, penalties (including excise and similar taxes and punitive damages), fines, settlements and reasonable expenses (including, without limitation, attorneys' fees) actually incurred by such person in connection with such proceeding, and indemnification under Article V shall continue as to a person who has ceased to serve in the capacity which initially entitled such person to indemnity hereunder. The rights granted pursuant to this Article V shall be deemed contract rights, and no amendment, modification or repeal of this Article V shall have the effect of limiting or denying any such rights with respect to actions taken or proceedings arising prior to any such amendment, modification or repeal. It is expressly acknowledged that the indemnification provided in this Article V could involve indemnification for negligence or under theories of strict liability. Section 2.Advance Payment. The right to indemnification conferred in this Article V shall include the right to be paid in advance or reimbursed by the Corporation the reasonable expenses incurred by a person of the type entitled to be indemnified under Section 1 of this Article V who was, is, or is threatened to be made a named defendant or respondent in a proceeding in advance of the final disposition of the proceeding and without any determination as to the person's ultimate entitlement to indemnification; provided, however, that the payment of such expenses 241 -7- incurred by any such person in advance of the final disposition of a proceeding, shall be made only upon delivery to the Corporation of a written affirmation by such Director or officer of his or her good faith belief that he or she has met the standard of conduct necessary for indemnification under this Article V and a written undertaking, by or on behalf of such person, to repay all amounts so advanced if it shall ultimately be determined that such indemnified person is not entitled to be indemnified under this Article V or otherwise. Section 3.Indemnification of Employees and Agents. The Corporation, by adoption of a resolution of the Board or pursuant to an agreement approved by the Board, will indemnify and advance expenses to an employee or agent of the Corporation to the same extent and subject to the same conditions under which it may indemnify and advance expenses to Directors and officers under this Article V; and the Corporation may indemnify and advance expenses to persons who are not or were not Directors, officers, employees or agents of the Corporation but who are or were serving at the request of the Corporation as a Director, officer, partner, venturer, proprietor, trustee, employee, agent or similar functionary of another foreign or domestic corporation, partnership, joint venture, sole proprietorship, trust, employee benefit plan or other enterprise against any liability asserted against him or her and incurred by him or her in such a capacity or arising out of his or her status as such a person to the same extent that it may indemnify and advance expenses to Directors under this Article V. Section 4.Appearance as a Witness. Notwithstanding any other provision of this Article V, the Corporation may pay or reimburse expenses incurred by a Director or officer in connection with his or her appearance as a witness or other participation in a proceeding involving the Corporation or its business at a time when he or she is not a named defendant or respondent in the proceeding. Section 5.Non-exclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this Article V shall not be exclusive of any other right which a Director or officer or other person indemnified pursuant to Section 3 of this Article V may have or hereafter acquire under any law (common or statutory), provision of the Articles of Incorporation of the Corporation or these Bylaws, agreement, vote of shareholders or disinterested Directors or otherwise. Section 6.Insurance. The Corporation may purchase and maintain insurance, at its expense, to protect itself and any person who is or was serving as a Director, officer, employee or agent of the Corporation or is or was serving at the request of the Corporation as a Director, officer, partner, venturer, proprietor, trustee, employee, agent or similar functionary of another foreign or domestic corporation, partnership, joint venture, proprietorship, employee benefit plan, trust or other enterprise against any expense, liability or loss, whether or not the Corporation would have the power to indemnify such person against such expense, liability or loss under this Article V. Section 7.Notification. Any indemnification of or advance of expenses to a Director or officer in accordance with this Article V shall be reported in writing to the members of the Board with or before the notice of the next regular meeting of the Board and, in any case, within the 12-month period immediately following the date of the indemnification or advance. 242 -8- Section 8.Savings Clause. If this Article V or any portion hereof shall be invalidated on any ground by any court of competent jurisdiction, then the Corporation shall nevertheless indemnify and hold harmless each Director, officer or any other person indemnified pursuant to this Article V as to costs, charges and expenses (including attorneys' fees), judgments, fines and amounts paid in settlement with respect to any action, suit or proceeding, whether civil, criminal, administrative or investigative, to the full extent permitted by any applicable portion of this Article V that shall not have been invalidated and to the fullest extent permitted by applicable law. ARTICLE VI CODE OF CONDUCT The members of the Board and the officers of the Corporation shall be subject to Chapter XI of the Charter of the City titled “Code of Conduct”, as the same may now or hereafter be amended, which establishes the minimum standards that officers and employees of the City must meet to ethically fulfill the responsibilities of their positions. ARTICLE VII AMENDMENTS A proposal to alter, amend, or repeal these Bylaws shall be made by the affirmative vote of a majority of the full Board at any annual or regular meeting, or at any special meeting where notice of the proposed amendment was contained in the notice of said special meeting. However, any proposed change or amendment to the Bylaws must be approved by the City Council to be effective. ARTICLE VIII CONFLICTS In the event of a conflict between these Bylaws and the Articles of Incorporation, the Articles of Incorporation shall control. 243 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2020 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING BYLAWS FOR THE COLONY HOTEL DEVELOPMENT CORPORATION; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Subchapter D of Chapter 431, as amended, Texas Transportation Code (“Chapter 431”), authorizes the creation and organization of public, non-profit local government corporations to act as a duly constituted authority of a city to aid and assist the city in the performance of one or more governmental functions; and WHEREAS,Chapter 431 requires a local government corporation to be created pursuant to the provisions of Chapter 394, as amended, Texas Local Government Code (“Chapter 394”), and requires a local government corporation’s articles of incorporation be in the form and be executed, approved, and filed in the manner prescribed by Chapter 394; and WHEREAS, on December 15, 2020, the Board of Directors of The Colony Hotel Development Corporation approved the Bylaws of The Colony Hotel Development Corporation, a copy of which is attached hereto as Exhibit A; and WHEREAS,Section 431.101 of the Texas Transportation Code provides the authority for the City Council of the City of The Colony, Texas, to approve by resolution the Bylaws of The Colony Hotel Development Corporation, a copy of which is attached hereto as Exhibit A; and WHEREAS,the City Council of the City of The Colony, Texas, finds and determines Bylaws of The Colony Hotel Development Corporation, a copy of which is attached hereto as Exhibit A, will aid and act on behalf of the City of The Colony, Texas, to accomplish governmental purposes of the City of The Colony, Texas; and WHEREAS,the City Council of the City of The Colony, Texas, hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: SECTION 1. Each and every one of the recitals, findings, and determinations contained in the preamble to this Resolution are incorporated into the body of this Resolution as if fully set forth herein and are hereby found and declared to be true and correct legislative findings and are adopted as part of this Resolution for all purposes. SECTION 2.The City Council hereby approves the Bylaws of The Colony Hotel Development Corporation, a copy of which is attached hereto as Exhibit A, and is incorporated herein for all purposes. 244 Page 2 SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this Resolution, or application thereto to any persons or circumstances, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Resolution; and the City Council hereby declares it would have passed such remaining portions of this Resolutiondespite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. This Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 15 th day of DECEMBER, 2020. Joe McCourry, Mayor ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 245 Page 3 Exhibit A Bylaws of The Colony Hotel Development Corporation 246 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding pending or contemplated litigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16. Suggested Action: Attachments: 247 Agenda Item No:8.1 CITY COUNCIL Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Any action as a result of executive session regarding pending or contemplated litigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16. Suggested Action: Attachments: 248